by Tom Lee ‘14

Last February, the Supreme Court decided to hear the case Fisher v. University of Texas on the volatile topic of affirmative action in college admissions. This past October, the Court heard oral arguments from both parties for the first time with Justice Elena Kagan recusing herself from the case. A decision will be made some time this year and could be the definitive and final ruling on the topic.

Recent polls around the country suggest that the nation is much divided with most consistently suggesting close to 50-50 splits on whether affirmative action should be used in college admissions. However, while Sherwood students agree that racial discrimination exists, most believe that affirmative action is not the right solution.

In 2003, the Court decided in Grutter v. Bollinger that race could in fact be considered in admission decisions as long as many other factors were evaluated on an individual basis for every applicant. This year’s case involves Abigail Fisher, a white student who did not get into the University of Texas. She argued that admissions policies that give an advantage to minority students on the basis of race are unconstitutional because they violate the Constitution’s guarantee of “equal protection under the law” (14th Amendment).

However, the University of Texas argued that the policy is valid because its program is “narrowly tailored” to meet a “compelling interest” of diversity, which is consistent with the legal precedent set back in the 2003 case. So far, two lower courts have upheld the University’s policy as meeting that standard. An overruling of Grutter v. Bollinger could effectively end affirmative action policies of the admissions process in public universities across the United States.

Sherwood, like the rest of the country, is also divided. “It is better to judge students off of their performance in school and extracurricular activities instead of their race or skin color,” said junior Ari Kirschbaum.

Others believe that it is a good thing for schools to promote diversity within their student body. “I want to be in a racially diverse school and if affirmative action is needed for that, I will accept it,” said senior Darshan Mahabare.

Opponents of affirmative action generally believe that affirmative action programs gives a student of color an unfair advantage in admissions decisions even if he or she does not have a better application or resume. Proponents of affirmative action argue that it is necessary to offset racial and class discriminations of the past that still have lingering effects on society today. They also argue that by nature the system is not only racially based but also class and gender-based.

“I think the U.S. still suffers from racism from the past and that it is necessary to try and balance the amount of minorities with whites in college. But I do understand the argument that grades and other things like that are more important than what your skin color is,” said senior Anuraag Mallela.

“Obviously, it is not all about race but other things like your family’s income. Those things are just as important in determining how many opportunities you have as a child. Affirmative action could definitely help these kids who are not as well-off and not just those who are minorities,” said junior Meggie Dejter.

Affirmative action remains a hot topic today and may be well into the future. But it may all come down to this year’s Fisher v. University of Texas case which could directly affect the college class of 2017 and beyond.