Affirmative Action

Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005)

Roderick Jackson, a high school basketball coach sued the board of education alleging that it retaliated against him in violation of Title IX, after he complained about sex discrimination in the high school's athletic program.   The issue before the Court is whether Title IX of the Education Amendments, which prohibits discrimination in federally assisted education programs and activities, provides for a retaliation cause of action.

Parents Involved in Community Schools v. Seattle School District No. 1 and Meredith v. Jefferson County Bd. Of Education, 551 U.S. 701 (2007)

These two cases, being decided jointly, address the issue of whether local school districts can make decisions based on race as a method of ensuring racial diversity, and avoiding segregation, in public schools .

Gratz v. Bollinger, 539 U.S. 244 (2003) and; Grutter v. Bollinger, 539 U.S. 306 (2003)

In these  two seminal cases, white students brought class-action challenges to affirmative action policies and practices in the admissions processes of the undergraduate and law schools of the University of Michigan.

Johnson v. Board of Regents of the University System of Georgia, 106 F. Supp. 2d 1362 (S.D. Ga. 2000)

Three rejected white female applicants for admission to the University of Georgia sued the state seeking admission and damages based on violations of the Civil Rights Act.

Smith v. University of Washington Law School, 392 F.3d 367 (9th Cir. 2004)

A white female student sued the University of Washington, claiming she was denied entry to the University of Washington Law School while less qualified minority applicants were admitted over her.

Fisher v. University of Texas, 570 US ___, 133 S. Ct. 2411 (2013).

In an attempt to attain diversity, the University of Texas system replaced an earlier admissions plan which had explicitly considered race with a “Personal Achievement Index” (PAI). The PAI is produced through a holistic review of applications intended to identify students whose achievements are not accurately reflected by their test scores and grades alone. The PAI includes an evaluation of required written essays and a “personal achievement score,” which is made up of factors such as socio-economic status, languages at home, and whether the student lives in a single-parent household. In addition, the state legislature and the university adopted a variety of other initiatives to increase diversity.

The AAUP filed an amicus brief with the Fifth Circuit in support of the UT system.  Specifically, the brief focused on the benefits of a diverse student body and pointed out that the University of Texas specifically modeled its admissions policy on a similar policy endorsed by the Supreme Court.

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