ERIC Number: EJ1051877
Record Type: Journal
Publication Date: 2013-Sep
Abstractor: As Provided
A Supreme Challenge: Achieving the Educational and Societal Benefits of Diversity after the Supreme Court's "Fisher" Decision
Alger, Jonathan R.
Journal of Diversity in Higher Education, v6 n3 p147-154 Sep 2013
This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of strict scrutiny, under which colleges and universities must justify their race-conscious decisions. He concludes that the Court maintained the status quo with regard to the compelling interest of diversity and the deference courts should give to institutions of higher education as experts regarding their own educational missions. The Court also reiterated earlier decisions requiring that race-conscious programs be "narrowly tailored" to achieve the educational benefits of diversity, while underscoring the need for institutions to consider race-neutral alternatives to meet this interest. Given the legal and social landscape today, colleges and universities must focus on the bigger question at stake: how to best ensure access and opportunity for individuals of all backgrounds so as to provide the educational benefits of diversity for all students and fulfill this aspect of their educational missions--therefore creating engaged citizens for an increasingly diverse democracy and global citizens who can compete in an increasingly interdependent worldwide economy.
Descriptors: Court Litigation, Affirmative Action, Student Diversity, Federal Courts, College Admission, Higher Education, Educational Benefits
American Psychological Association. Journals Department, 750 First Street NE, Washington, DC 20002. Tel: 800-374-2721; Tel: 202-336-5510; Fax: 202-336-5502; e-mail: email@example.com; Web site: http://www.apa.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Authoring Institution: N/A
Identifiers - Location: Texas
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Gratz et al v Bollinger et al; Grutter et al v Bollinger et al