Introduction
This one unit independent study is designed to address two questions and the underlying values related to Affirmative Action: (1) Where are we now? and (2) Where do we want to go in the future?
With the passage of Proposition 209 (the California Civil Rights Initiative in 1996), the U.S. Court of Appeals decision to validate its consitutionality, and the U.S. Supreme Court's refusal to grant certiorari, Governor Pete Wilson has called for all state agencies to enforce the law. Meanwhile, Mayor Willie Brown claims that the City and County of San Francisco will continue to assist businesses owned by minorities and women. In contrast a committee of the Constitutional Revision Commission in Florida has proposed an amendment to the state's fundamental law that would allow public agencies "to remedy past effects of discrimination." What does all this mean for Californians and the rest of the nation, rich and poor, female and male, minority and majority?
California's new law, Prop 209, prevents the state and its subdivisions, including cities, counties, and special districts, from discriminating against or from prefering one person or group over another on the basis of race, sex, color, ethnicity, or national origin in employment, education, and contracting.
Employment.
Recently, a New Jersey school district was forced to reduce the number of its teachers. One of two teachers with the same seniority and the same merit evaluations was selected for layoff. One was Black and one was white. The district laid off the white teacher, and she sued the distirct to keep her job. The case was scheduled to be argued before the U.S. Supreme Court. But a number of groups, fearing that a layoff would not produce a favorable test case for affirmative action, contributed funds to settle the case out of court, Piscataway v. Taxman . Also, see Wygant v. Jackson Bd. of Ed. (1986).
Education.
One of the landmark affirmative action decisions of the U.S. Supreme Court ruled that race may be one factor in a university's admission policy. Read a summary of the case and listen to oral arguments before the Court in Regents of the University of California v. Bakke (1978). Since the U.S. Supreme Court has refused to hear an appeal on Prop 209 prior to its going into effect, do we know whether it may conflict with Bakke ? Moreover, its refusal to rule on Prop 209 was not the first time the U.S. Supreme Court left affirmative action to a Court of Appeals. Last year, the Court declined to review a decision from the 5th Circuit holding a University of Texas plan unconstitutional. Hear the NPR report and read Texas v. Hopwood (1996).
Contracting.
In the November 1997 election a majority of the voters in Houston supported an initiative measure to maintain the city's preference in awarding contracts to minority-owned businesses. For the Supreme Court's view on set asides see Fullilove v. Klutznick (1980), Richmond v. Croson (1989), and Adarand v. Pena (1995). On March 11, Governor Wilson abolished efforts to award state contracts to firms owned by minorities and women.
Last year, President Clinton nominated Bill Lann Lee, a California Civil Rights Attorney for the NAACP Legal Defense Fund and opponent of Proposition 209, to be Assistant Attorney General for Civil Rights. The Senate Judiciary Committee held a hearing on Mr. Lee's qualifications but refused to send his nomination to the floor of the U.S. Senate for advice and consent. In December, with Congress in recess, President Clinton named Lee to be Acting Assistant Attorney General, which does not require Senate approval. What does this mean for civil rights generally and affirmative action specfically?
How did California and the nation come to this state of affairs? What is the law? What is its ethical foundation?
Studnets should check this web site and meet with the instructor.
President Johnson's Howard University Address, June 4, 1965
President Johnson's Executive Order 11246, September 14, 1965
University of Michigan Affirmative Action Site
"The Future of Affirmative Action." Policy.com
"The Myth of the Melting Pot," Washington Post
Stein, Herbert, moderator. 1996. "Affirmative Action: Is There a Middle Way?" www.Slate.com.
Heritage Foundation Townhall, "The Debate Over Affirmative Action"
U. S. Representative Maxine Waters for Affirmative Action
U. S. Senator Orin Hatch against Race-Based Preferences
A new book by a Harvard University law professor will be available in April:
Edley, Christopher, Jr., 1998. Not All Black and White: Affirmative Action and American Values. New York: Hill and Wang.