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The SCOTUS Flawed Ruling On Affirmative Action

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Michael Roberts
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A Historical Examination, Its impact and Relevance Today

An Introduction:

Recently, the United States Supreme Court struck down yet another formerly so-called "settled law." In doing so the SCOTUS burned its neoconservative credentials and pro-Republican tilt even further to the Right. While I'm not a lawyer or legal authority on the issue of Affirmative Action, I will attempt to address the court's ruling from a layman's perspective.

For starters, affirmative action is a policy that emerged in the mid-20th century with the specific and stated aim of addressing historical inequalities and promoting equal opportunities for underrepresented groups, particularly in education and employment. This essay delves into the history of affirmative action, explores its pros and cons, and examines its relevance in contemporary United States society.

Historical Background:

Affirmative action traces its roots back to the civil rights movement in the United States starting in the 1960s. It was first introduced as a response to systemic discrimination and the persistent racial and gender disparities prevalent in various parts of society. So, in response to these disparities, the policy sought to create pathways for marginalized groups to overcome historical disadvantages and access opportunities previously denied to them. These disparities and barriers to progress and opportunities, while lowered somewhat with the passage of time, still exists and persists today, in 2023, in some form or the other.

It therefore is against this background that the Supreme Court's recent mind-boggling ruling that suggests a "colorblind United States," is indeed perplexing. To deny race (and systemic and endemic racism) does not exist in the context of higher education/college admissions (and other economic fields) is not only myopic but patently, ironically, and deliberately being "colorblind" by the neoconservative majority on the Bench.

The Pros of Affirmative Action:

Promoting Diversity: One of the main arguments in favor of affirmative action was and is its role in fostering diversity and inclusion. In short, as a starting point towards creating a more perfect union. By considering factors such as race and gender during admissions or the hiring processes, institutions and organizations can create a more representative and multicultural environment. Moreover, the issue of higher education was ONLY ONE area where the policy sought to level the socio-economic and political playing field given the white supremacist and racist history of the United States that is still unaddressed or remedied. Racism and race relations influence all aspects of life in America today, regardless of the Supreme Court says or how it rules.

This brings me to the issue of redressing historical inequalities. This policy sought to rectify the systemic disadvantages faced by historically marginalized groups. It provided a sometimes-imperfect means to address the cumulative effects of a whole gamut of discrimination, and promote equal access to education and employment. After years of housing and workplace discrimination as well as other "hidden and insidious" forms of lingering racism that buttresses U.S. class society, the Supreme Court said to all Americans: race is not a fetter to the growth and development of the Black and Brown communities.

And yes, affirmative action by its very nature can help overcome the readily acknowledged underrepresentation of certain groups in various fields, including academia, corporate leadership, and government. By increasing representation, it offers diverse perspectives, experiences, and talents that contribute to more well-rounded decision-making processes.

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MICHAEL DERK ROBERTS Small Business Consultant, Editor, and Social Media & Communications Expert, New York Over the past 20 years I've been a top SMALL BUSINESS CONSULTANT and POLITICAL CAMPAIGN STRATEGIST in Brooklyn, New York, running (more...)
 

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