Affirmative Action
In my opinion, it is ridiculous to judge affirmative action programs under the same standard (strict scrutiny) as other forms of racial discrimination. The reality is that, due to a lengthy history of intentional race-based discrimination, certain minorities (especially African-Americans) have not had the same educational and employment opportunities as non-minorities. Therefore, minority students, even those whose inherent capabilities are equivalent to high-achieving non-minority students, do not generally have the same home-based resources to help them attain high academic achievement. For example, minority parents are frequently less-educated and less able to provide assistance with home and school work, which can be essential for a child's educational success. In addition, minority students do not generally have the same access to advantages based on finances, such as standardized test tutoring and homework tutoring, which can make a tremendous difference in GPA and standardized test scores. To ignore the impact that the history of racism continues to have on today's young people, simply continues a system perpetuating a race-based underclass. However, the reality is that, if affirmative action programs and other civil rights remedies are successful, then minorities and non-minorities will be able to compete for educational opportunities on equal footing. The Court sets that time period at 25 years, and seems to do so based on the fact that this case arose 25 years after the Court first authorized the use of race as a criterion for admissions. Looking at the changes that have occurred in the past 25 years, the Court believes that the United States may see sufficient changes in the next 25 years to erase the vestiges of slavery and racism.
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