StudySpace: We the People ed. 6

What You Can Do

In 1996, the Fifth Circuit Court of Appeals ruled in the case of Hopwood v. Texas that the University of Texas Law School could not use race as a factor for admissions, financial aid, or retention. The Supreme Court refused to hear the case, which means that the lower court ruling stands. It is important to note, however, that the Fifth Circuit covers only Texas, Louisiana, and Mississippi and thus is not controlling in the rest of the nation. The American Council on Education has argued that the Bakke case, which held that race could be one factor in admissions although not the sole factor, was still controlling in the rest of the nation. However, many other institutions have changed their minority admissions procedures to conform with Hopwood.

In the table below, list all the arguments you can think of to support affirmative action in higher education. Then, playing devil’s advocate, list opposing arguments.

1. Does your institution use race as a factor in admissions?
   
   

2. Is your institution within the jurisdiction of the Fifth Circuit Court of Appeals?
   
   

3. When you were constructing your arguments for and against, which side of the issue was harder for you to deal with? Explain.
   
   

4. Which side, in your opinion, has the stronger argument?
   
   

5. If race cannot be used as a factor in admissions, financial aid, or retention programs, what factors should be used? Explain.