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Affirmative Action Lawsuit Extends Beyond College Admission Statistics

Recently, the ruling of affirmative action has come under fire in the midst of the media. Essentially, a small group of Asian-Americans are pursuing a lawsuit against Harvard, with the argument that Harvard “caps high achieving Asians” in order to create “‘racial balancing’ that favors African Americans and Hispanics“. But even though Asians are considered the “model minority” which seems like they wouldn’t benefit from affirmative action, the issue extends deeper than the percentage of each race admitted into colleges’ undergraduate programs or the limitation of certain races.

It was not too long ago, say the 1940s, that the average college students “were predominantly male, overwhelmingly white, and from middle- and upper-class families” and in present-day where white supremacists and Nazis seem to be resurfacing from half a century ago; it seems like the white-majority seem to be attempting to reclaim their dominance as seen in history throughout these years. In respect to college, the famed Fisher v. University of Texas lawsuit addressed the concern about discrimination towards white people in college admission because of affirmative action but it ultimately ended with the “the university argu[ing] that its use of race was a narrowly tailored means of pursuing greater diversity“. Edward Blum, one of the people that helped drive the gravity of the Fisher case, is also behind this case but instead advocating for “aggrieved Whites” with Asian Americans as the face of the lawsuit.

Affirmative action was first created by John F. Kennedy which required government officials to “not discriminate against any employee or applicant for employment because of race, creed, color, or national origin” but later further extend to “affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin“. I can understand that diversity isn’t attempted to be hindered by opposers of affirmation action but rather, the method colleges are using to ensure diversity is being questioned and there is the fear that they may have to majorities, such as whites, will be unfairly not chosen if they have the same qualifications as another minority because of affirmative action.

However, minorities have been dealing with this type of situations since the systemic oppression America has been built on.

Again, I’m not saying an eye for an eye or a tooth for a tooth is the best approach for any given situation but there is an apparent disparity of inequitable distributions of wealth which allow for richer schools to continue to succeed and puts poorer schools that usually house minorities to be put at a legal and seemingly unnoticeable disadvantage. A study done by The National Center on Postsecondary Teaching, Learning, and Assessment in University Park, Pennsylvania found that “minority children are the most underserved in America” and “drop out rate continues to be high, and that those who do manage to persevere often question the quality of their education“. Even with the benefits of affirmative action, many minority children doubt their abilities to succeed and thrive at “prestigious” colleges and according to the National Bureau of Economic Research, black and Latino students are more likely than white students to apply to colleges that are closer to their home. That age-old theory that Hispanics are going to take jobs if given accessible and easier immigrant laws? Disproven by the fact that Hispanics end up working in the lowest paying jobs in America that many aren’t willing to perform for such little pay. That age-old theory that lower performing Hispanics and other minorities are taking spots in college because of the speculated notion that quotas are placed on majority races? Disproven by the fact that minorities have to overcome underfunded schools to take the same coursework, have to face the fact that many will believe that they aren’t as success as their peers at prestigious schools which then in turn makes those that do apply able and worth their spot in that college.

Affirmative action is just one effective tool implemented early in history to level out the playing field and an attempt to reverse the oppression minorities will constantly have to go through and colleges know this and one of the few rights created to correct the wrongs in history should not be taken away.

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