Dave Stancliff 14th Amendment: how far does it’s promise of ‘equal protection’ go? blogarama.com

Wednesday, February 22, 2012

14th Amendment: how far does it’s promise of ‘equal protection’ go?

        Good Day Humboldt County!

Call me a cynic, but I have a strong feeling that the Supreme Corporate Court is preparing to turn the clock back on race diversity in higher education.

They’re confronting the issue of race in university admissions once again. This time, there’s an appeal by a white student who says she was denied a spot at the flagship campus of the University of Texas.

“A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many of the nation's public and private universities,” said Vanderbilt University law professor Brian Fitzpatrick in a recent interview.

Erwin Chemerinsky, a constitutional law scholar and dean of the University of California Irvine's law school, has called the Fisher case "potentially momentous."

The challenge:

To what extent does the Fourteenth Amendment’s guarantee of “equal protection of the laws” permit race to be used as a factor in efforts to achieve greater diversity in higher education?

For more than three decades, the Supreme Court has said that although race may be one of numerous factors taken into account, it cannot be the predominant consideration in an admissions process. I suspect tea party groups across the country are supporting this appeal.

As It Stands, what do you think the chances are that the Supreme Corporate Court will rule in her favor?

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