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Affirmative Action


Michigan also law school rejected her application in 1997. They were both rejected to applicants of a minority race who were not as academically inclined as Jennifer and Barbara. This of course seems unfair to many people that two applicants that are academically better were beaten out only because of their race. These two cases were of course taken in front of the U.S. Supreme Court because Jennifer and Barbara thought they were victims or racism. The U.S. Supreme Court struck down on the point system used by the University of Michigan in a 5-4 decision. This decision might seem to solve all the problems, but it only affects public, tax-supported institutions although it is believed that private schools will also abide by this ruling. In University of California vs. Bakke (1978) it was decided that a college cannot use an explicit numerical quota in admitting minority students but could "take race into account." So the use of numerical quotas is prohibited correct? Not necessarily. Two years later the same U.S. Supreme court upheld a federal rule that set aside 10% of all federal construction contracts for firms that are owned by minorities. So numerical quotas cannot be used in colleges but can be used in the construction industry. That is not exactly true. In 1989 the Court overruled a Richmond, Virginia law that set aside 30% of its construction contracts for firms owned by minorities. What complicates things even worse is in 1990 the Court upheld a federal rule that gave preference to minority-owned firms in awarding broadcasting licenses. Then in 1993 the Court upheld the right of Caucasian contractors to challenge minority set-aside laws in Jacksonville, Florida. In the most recent Supreme Court decision about affirmative action in 1995 occurred in Colorado. A small construction company named Adarand was trying to get a contract to build guardrails along the highway. Even though Adarand was the lowest bidder for the project, they lost the contract because of a government policy that favors small business owned by "socially and economically disadvantaged individuals" - which are racial and ethnic minorities.


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