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THE FALL OF AFFIRMATIVE ACTION

by Driver, a professor at Yale Law School, shows how the Supreme Court played the defining role in determining the place of race and gender in the fabric of American life. It focuses on the 2023 case Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (abbreviated as SFFA) as the decision that effectively killed affirmative action as a legally enshrined practice. Driver argues that the tradition of taking race into consideration in college admissions created opportunities for historically underrepresented minority students. The author presents material from surveys and studies to show that classroom and workplace diversity enhances intellectual inquiry and fosters a productive competitiveness in the economy at large. He also reviews the arguments against affirmative action: that it privileges identity over accomplishment\u003B that it potentially advances students who are otherwise unprepared for “elite” institutions\u003B that it runs counter to a race\u002Dblind ideal of American meritocracy. SFFA was, in the author’s view, a radical decision, one made not transparently through argument and evidence, but disingenuously. Chief Justice John Roberts’ opinion “managed to violate virtually every tenet of the judicial approach that he announced [during his confirmation hearings]….The opinion evinced no willingness whatsoever to relinquish his own ideological priors in order to embrace the larger institutional considerations.” In short, SFFA was a product of changes in court personnel rather than of principled argument. It is now up to universities, the author argues, not to acquiesce in the face of judicial spinelessness or presidential extortion, but rather to fight vigorously for classrooms inclusive of all Americans, irrespective of the color of their skin or the thickness of their wallets."

Book Details

Publisher:It focuses on the
Published:2023-01-01
Format:paperback
Language:English
ISBN:9798987053

Reading Info

Age Range:12-18

About This Book

This incisive examination of the legal and social history leading to the landmark Supreme Court decision dismantling race-conscious college admissions provides a crucial primer for young adults navig...

Our Review

This incisive examination of the legal and social history leading to the landmark Supreme Court decision dismantling race-conscious college admissions provides a crucial primer for young adults navigating today's complex conversations about equity and merit. The author meticulously traces the key legal battles, from Regents of the University of California v. Bakke to the more recent cases involving Harvard and UNC, presenting the multifaceted arguments from all sides with remarkable clarity. It serves as an essential guide for understanding not just the legal precedent but the profound societal shifts that precipitated this pivotal moment in American education and civil rights.

What distinguishes this work is its ability to translate dense constitutional arguments into accessible, compelling narratives that resonate with a generation directly impacted by these policies. Teen readers, particularly those beginning their own college application journeys, will find an invaluable framework for contextualizing a decision that reshapes the landscape of higher education. By presenting the historical context, legal reasoning, and human stories behind the headlines, this book empowers young readers to engage critically with one of the most significant civil rights issues of our time.

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