Affirmative
action is back in the headlines. Recently, 2000 young people held
a protest rally on the U. C. Berkeley Campus demanding the University
resume its affirmative action programs, extend minority outreach
programs and hire more women faculty. The rally was supported by
over 400 professors across the UC System and numerous academic organizations.
UC Regent Bill Bagley of San Francisco is leading the charge to
reverse the July, 1995 ban on affirmative action.
Meanwhile, there
is a raging battle in the courts with judges ruling against each
other over affirmative action. In December, 2000 U. S. District
Court Judge Patrick Duggan ruled that the University of Michigan
could give extra points for African American, Hispanic and Native
American applicants for undergraduate admissions, just as extra
points are given for children of alumni, scholarship athletes and
other non-academic criteria. However, on March 27, 2001 U. S. District
Court Judge Bernard Friedman ruled that the University of Michigan's
admission policy at the Law School to be unconstitutional. This
latest ruling followed a ruling by the U. S. Circuit Court of Appeals
that the University of Washington Law School's use of race in admissions
decisions was legal. To resolve these conflicts, the next stop will
most likely be the Supreme Court where affirmative action's "Four
Horsemen of the Apocalypse,"ultra conservatives" Thomas
(who is Black), Scalia, Rehnquist, and Kennedy, have already reeked
their scourge on affirmative action.
On the legislative
side, a bill has been introduced in Congress to prohibit affirmative
action in admissions for any college that receives federal funding.
This would end affirmative action in every college. Affirmative
action would be illegal even if it were to remedy past or present
discrimination. "The bill may pass congress, but it won't pass
muster with the legal system or the constitution," states Orin
Seldstrom, a Civil Rights Attorney with the Lawyers Committee for
Civil Rights in San Francisco.
The Supreme
Court has already agreed to rule on the 10% goal of the U. S. Transportation
Department. And, guess who will be defending affirmative action?
U. S. Attorney General John Ashcroft as head of the Justice Department
will provide the defense. Ashcroft, as a Senator in 1998, was the
leader of efforts to kill affirmative action in the Transportation
bill. "This is like having the fox watch over the chicken coup,"
states Ted Smith, a Black Caltrans Contractor in Richmond, CA. "This
may well be the death knell of affirmative action," he concluded.
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