A Race Based Admissions Program Is Consistent With The...

It has been argued that Fisher III neither provides any substantive additions to Equal Protection Clause (EPC) Jurisprudence, nor any guidance to lower courts how to apply Grutter and determine whether a race-based admissions program is consistent with the Fourteenth Amendment. Danielle Holley-Walker, in her article published in winter of 2014, explores the impact Fisher III has on race-conscious admissions programs, and argues that Fisher III enhances the strict scrutiny analysis, especially when compared to Grutter. Moreover, she argues â€Å"Justice Ginsburg’s dissent meaningfully highlights one of the most pernicious flaws in the current Equal Protection Clause jurisprudence, which is that strict scrutiny standard encourages universities to make their admissions process opaque instead of transparent and that there are many benefits that flow from having a transparent, race-conscious admissions program.† The Court’s focus in Fisher III was whether the lower courts applied strict scrutiny in a manner consistent with the holding in Grutter. Justine Kennedy emphasizes the importance of strict scrutiny in evaluating race-conscious admissions programs, for unless an admissions program can withstand the strictest analysis, race cannot be used. Bakke is utilized to shape Justice Kennedy’s analysis of the compelling state interest prong of strict scrutiny; he utilizes Grutter in shaping his discussion of â€Å"the narrow tailoring prong of the strict scrutiny analysis.† While aShow MoreRelatedSummary : Rough Draft And Affirmative Action Program1575 Words   |  7 PagesRough Draft Affirmative Action In 2003, the Supreme Court issued its ruling on a case challenging the University of Michigan’s undergraduate affirmative action program, ultimately declaring the scheme unconstitutional. The admission scheme was based generally on a 150 point scale system in which the Office of Admission assigned points based on a number of factors, including high school grades, standardized test scores, high school quality, alumni strength, and leadership; if a student fell withinRead MoreAffirmative Action Is Not A New Concept Essay2025 Words   |  9 PagesUnited States today is that of affirmative action. 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