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Harlan Institute » Amicus Brief for Fisher v University of Texas
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Amicus Brief for Fisher v University of Texas

November 4th, 2012

In the case of Fisher v. University of Texas, the precedent of affirmative action should be declared unconstitutional. As a director of a public university, I of course am concerned with keeping college campuses diverse, but there are other ways to encourage diversity other than the color of a person’s skin. There are other factors to be taken into consideration, such as socioeconomic standing, religious backgrounds and sexual orientations. Race does not have to be a factor when there are alternative ways to promote diversity.
In order to make sure there is diversity in schools, it should be up to the individual school to decide how, or if, other factors should be considered when looking at an applicant. ¬†Schools can assign an essay to be written about the student’s life and background and that can be taken into consideration, but there should not be a step in an application for students to have to list their racial background. The Court should overrule Grutter v. Bollinger and not allow schools to put substantial weight on a person’s race when considering them for admissions.
If the Court declares affirmative action to be unconstitutional, that will ensure schools are admitting students based on grades, achievements, and merit. This will mean each school will be filled with the best students that are eager and willing to learn. This will also ensure students that the schools they are admitted to are because of the hard work they have put in their four years of high school, not because they were born a certain race. As the director of admissions in a public school, I believe that overturning affirmative action will not have an effect on the diversity in a school. The Court should find in favor of Fisher.