Summary of Argument
The court should rule that no, Fisher’s rights were not violated because if the court were to rule the opposite, public universities would see various negative effects. The court should also rule that if a university wants to bring diversity with race, then other factors of diversity must be used as well.
1) IF THE COURT WERE TO RULE THAT FISHER’S RIGHTS WERE VIOLATED, DIVERSITY IN PUBLIC SCHOOLS WOULD GO DOWN.
It is important to have diversity in universities because it brings positive effects to the individual students. Part of getting students ready for the real world is exposing them to different conditions than they are used to. The court must work to help end stereotyping across our country and the way to do that is proving stereotypes are wrong with exposure to different races. Stereotyping can be a way of falsely believing that one is superior to another simply because of race and diversity fixes this.
2) THE COURT SHOULD RULE TO KEEP THE GRUTTER v. Bolinger AND BAKKE v. REGENTS OF THE UNIVERSITY OF CALIFORNIA RULINGS.
In order to keep the system more fair, the court should rule that race must be one of many factors in the admissions process, which the court has already done in Bakke and Grutter. By having race be one of many factors, it ensures that there is at least more diversity within universities, but still makes sure that those who actually deserve to get in, will get in. Because having race as one of many factors is the superior way to run the admissions process and has also been going on for decades already, the court should rule to keep the system that has been in place.
3) THE COURT SHOULD RULE THAT RACE CAN NOT BE THE ONLY FACTOR IN DIVERSITY.
Race is not the only way of ensuring diversity. Diversity extends beyond just race and goes into religious affiliation, economic background, sexual orientation, and other factors. Ending stereotypes should be something that should come with these other areas as well. Having a diverse student body in these areas as well will bring great benefit to the individual students.In order for the court to make sure these other factors are considered, the court should rule that diversity extends beyond race and goes into all of the categories previously mentioned. The court should rule that if a university is going to use affirmative action, it must use more than one factor when doing so. This action will help to end stereotyping within our society and help to create more tolerant people.
Already, UT Austin uses the process of holistic review where the applicants are essentially weighed on factors of diversity other than just race, and this process helps to bring a more diverse student body, which, brings benefits to the students. The system UT uses is already successful in making a more diverse body, so the court should make the previously stated ruling in order to bring the best possible benefit to the students.