U.S. Supreme Court's Affirmative Action Ruling Leaves California's Workaround Intact

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(Sacramento, CA)
Monday, June 24, 2013

In 1996, California voters passed Proposition 209.  It says the state shall not discrimminate against - or grant preferential treatment to - any individual or group in public employment, public education or public contracting.

But UCLA Constitutional Law Professor Adam Winkler says California universities still find a way to promote diversity.  “What we do is we have, for instance, a percentage plan policy at the University of California, where we take the top students at public schools from all over the country and give them automatic admission to the UC system.”

That “race-neutral” means ensures that minority students get into UC’s – since the university’s policy reaches students in all schools.  Winkler says the Court’s ruling reiterates that such “race-neutral” means are both effective and acceptable.


NPR Reports

Supreme Court Sends Affirmative Action Case Back To Lower Court

In a 7-1 decision, the justices ruled a lower court had not applied the right standards when it upheld a University of Texas program. It said that court needs to put the Texas program through "strict scrutiny," and had not done that.

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