The JCPA has supported government and private sector affirmative action for many years, as long as race is one of many factors considered, only individuals judged to be qualified are accepted or rewarded, and quotas are not utilized.  As recently as 2000, JCPA concluded a lengthy study on race and ethnicity and reaffirmed this position.  Recent developments have changed the affirmative action landscape and warrant JCPA’s attention.  

In June 2003, the Supreme Court decided two cases involving the University of Michigan (U-M) and its affirmative action policies. The first, Gratz v. Bollinger, involved two students who had applied for, and been denied admission to, U-M’s undergraduate program. The second case, Grutter v. Bollinger, centered on a student who was denied admission to U-M’s law school.  The Court upheld the law school admissions program, saying that the state has a “compelling interest in obtaining the educational benefits that flow from a diverse student body.”  However, the Court struck down U-M’s undergraduate affirmative action program, saying that the university’s point system, “is not narrowly tailored to achieve the interest in educational diversity that respondents claim justifies their program.”  

The result of the Supreme Court’s decisions in Gratz and Grutter is that the Court validated the use of race as one factor among others in university admissions in principle, although it struck down the specific methodology of U-M’s undergraduate admissions program.  However, this does not mean that the battle for affirmative action is over.  Indeed, Gratz and Grutter only refer specifically to higher education, and while the Court ruled that affirmative action programs in education are not per se unconstitutional, they are not mandated.

In the few months since Gratz and Grutter, plans are already underway in Michigan to initiate a referendum to ban affirmative action programs.  Any effort similar to California’s Propositions 209 or 54, and Oregon’s Proposition 200, would undermine the effectiveness of affirmative action in education, employment, contracts and other areas, and demonstrate the need for vigilance to support affirmative action programs that are consistent with JCPA policy. 

The JCPA believes:

The community relations field should:

Share

Next Up:

Affordable Housing

Take Action Donate

July 18, 2024

JWeekly: To defeat antisemitism, we must embrace partnership and reject polarization

July 13, 2024

JCPA STATEMENT ON SHOOTING AT TRUMP RALLY

July 3, 2024

JCPA’s Summit on Coalition and Bridge-Building Post-October 7th

July 3, 2024

JCPA’s July 4th Survey

June 26, 2024

Become a Monthly Recurring Donor

June 25, 2024

JCPA Summit Photos

June 19, 2024

eJewishPhilanthropy: We must work across communities to fight antisemitism and defend democracy

June 18, 2024

Leaning Into Hard Conversations

JCPA

Elana Ayalon

May 24, 2024

JCPA’s Past Work on Criminal Justice Reform