The Home Stretch of 2013

The Supreme Court is in the final week of their current term that began in October of 2012, and this final week will see the Court issue their rulings on the most anticipated cases.  It was a year ago this week the court issued their ruling on The Affordable Care Act aka "Obamacare", and the Justices often wait until the final days before their summer recess to issue their opinions on the most hot-button cases.  This week I'm going to break down the cases and what the final rulings mean, because there are numerous directions each case can go.  This morning, the Supreme Court issued their ruling in Fisher v. University of Texas at Austin, a case that had major implications for affirmative action.  First, we should probably define affirmative action and understand what it means in the U.S.  Growing up in the South, the idea of affirmative action taught in school from an early age and is an important topic in the overall discussion of race and the history of race in the South.  Merriam-Webster Dictionary defines affirmative action as:

an active effort to improve the employment or educational opportunities of members of minority groups and women; also: a similar effort to promote the rights or progress of other disadvantaged persons

I always thought I understood what affirmative action meant, but as I began contemplating today's case more I realized if someone asked me to define and provide the details of affirmative action in the United States, all I would be able to provide them is a watered down assumption. 

The Backstory:
The term "affirmative action" was first used in the 1960s in Executive Orders issued by JFK and Lyndon Johnson, which were used to promote actions to achieve non-discrimination.  In President Johnson's Executive Order 11246, required government employer's to take "affirmative action" to hire individuals without regard to race, religion and national origin (gender was added a few years later).  So the initial idea of affirmative action was for employers to take action to hire individuals WITHOUT regarding race and other attributes often associated with discrimination.  Following the Civil Rights Act of 1964, efforts were undertaken to improve employment and educational opportunities for women and minorities through various forms of preferential treatment in job hiring, higher-education admissions, and other forms of social benefit allocation.  Affirmative action was designed to counteract the lingering effects and realities of generational discrimination. 

Affirmative Action Today:  
Affirmative action today generally has come to include, but is not limited to, race, gender, religion, ethnic origin, age, and disability.  The Supreme Court has ruled in several cases concerning the constitutionality of affirmative action, and has placed limitations and guidelines on the manner in which it is applied. In 2003, the court rejected the use of "racial quotas" in the admissions process but reaffirmed that the Equal Protection Clause does not prohibit the use of race as a variable among many examined in an individual's application.

Today's Case Ruling:
The Supreme Court held 7-1 (Justice Elena Kagan recused herself) to remand the Fisher v. University of Texas at Austin back to the lower courts to rehear the two arguments.  The Fisher case concerned a student who was denied admission from UT and filed suit against the school claiming she was denied admission because she was white.  The school argued that, while race is a factor among many examined on an individual's application, most students admitted to the university are from the "Top 10" program which admits most of the top 10 percent from each Texas high school regardless of race, a program in which Fisher did not qualify.  The Supreme Court remanded the case, which means sent back down to the lower courts without making a decision, in order for the appeals court to rehear the arguments.  Essentially, the Justices punted on making a sweeping decision one way or the other and for now, the use of affirmative action stands. 

Coming Up This Week:
The Supreme Court has yet to rule on two cases concerning the Voting Rights Act of 1964 and the legality of Gay Marriage, but opinions can be expected any day!