Professional Documents
Culture Documents
TABLE OF CONTENTS
Page
INTEREST OF AMICI CURIAE…………………….……..……………..1
SUMMARY OF ARGUMENT………………………….….……..…………1
ARGUMENT…………………………………………..…….………………………2
A. Diversity is necessary for a campus:
Prejudice and discrimination occur on
campus and affect academic and holistic
prosperity…………………………………………………..……….……3
B. Race is, was, and will be prevalent.
Admission without holistic consideration is
a faulty system………………………………………………….………4
C. Discrimination caused by affirmative action isa
necessary trade-off to compensate for a history of
Prejudice and preserve liberalism…………………………..7
CONCLUSION………………………………………………….….……………..8
1
SUMMARY OF ARGUMENT
Students for Fair Admissions (SFFA) V. Harvard is a case
involvingthequestionofaffirmativeactionincollegeadmissions,
specificallyifHarvard’s“holistic”admissionsprocessviolatesTitle
VIoftheCivilRightsAct(1964).Theguidingquestionbeing:“Can
(and should) institutions of higher education use race as a
consideration in admissions?” The Parents of Future College
2
ARGUMENT
and
Liberal Democracy and Institutional Legitimacy Analysis
As engaged citizens of a free society, PFCS advocates for
the support of Harvard’s holistic admissions process and
upholding the precedentofaffirmativeactioninpreviousrulings
such as Grutter v. Bollinger. This decision is paramount to the
institutions of liberal democracy and will influencetheequitable
distribution of an individual's right to an education. The SCOTUS
3
shouldruleinfavoroftheRespondentbecause diversityiscrucial
tolifeandeducation,racemustfactorintoadmissionsbecauseit
is integral to a person's life, and discrimination can be an
unfortunate byproduct of affirmative action’s success.
Prejudiceanddiscriminationpersistinsociety,andcollege
campuses are not immune to it. Affirmative action promotes
diversityandequalrepresentationwhichenrichestheeducational
experience by exposing students to a variety of backgrounds,
perspectives, and ideas. It is imperative that a student body
reflects the multicultural fabric of the United States (US).
By actively seeking a diversestudentbody,collegescreate
an environment where individuals can learn from and engage
with people from different backgrounds, fostering cultural
understanding and dismantling stereotypes. College students in
PFCS shared their personal experiences of diversitycontributing
to their academic success. At the University of Washington
students are required to take a “Diversity” course which helps
understand the nuance of living in “diverse and interconnected
societies” (UW). Learning about diversity and how different
cultures perceive or are perceived by disciplines builds empathy
4
B. Race is, was, and will be prevalent. Admission without holistic
consideration is a faulty system.
Racehasbeenandwillcontinuetobeasignificantfactorin
our society. Ignoring race in the admissions process would
disregard the lived experiences and challenges faced by
marginalizedcommunities.Thisstripsawaythecultureandlived
experience of many students. FormanyofPFCS’smembers,race
is not just their skin color, place of familial origin, genes, or
superficial characteristics. Race is a way of life, a lens through
which people view the world and the world views them.
Ignoring a critical part of a person’s life would leadtoan
incomplete understanding and selection of students. Race is
crucial to the upbringing of the child. Different races have
5
different cultures, music, values, ways of life, that impact the
success of a student and can be used to understand who an
applicant is and the unique attributes they can bring toaschool
Harvard,andotheruniversities'policyofaholisticapproachtakes
into account factors beyond test scores and grades, such as
extracurricularactivities,personalessays,andlifeexperiences.By
siding with the Respondent, the courts would be supporting the
usage of holistic admissions process and quality admittance.
Siding with the Petitioner would show society that the
courts do not value applicants as people, and the law does not
allow universities to view their applicants as humans. PFCS
advocates for these applicants, these students, are well-rounded
people that deserve all of their values to be taken into
consideration. Ignoring their race would perpetuate a flawed
systemthatfailstoaddressthehistoricalandongoinginequalities
that have affected access to education and opportunities. An
admissionsprocessthatdoesnotvieworconsideritsapplicantsas
people is a faulty system that would not allow universities to
further society.
In “Pragmatic Resistance, Law, and Social Movements in
Authoritarian States: The Case of Gay Collective Action in
Singapore,” Chuahighlightstheimportanceofvaluingallaspects
of one’s identity. When people feel liketheyarebeingignoredor
discriminated against for who they are, then they push back
againstthegovernmentandthosearoundthemtoensurejustice.
SomemayarguethatSFFAisusingthattechnique,butultimately,
ruling in their favor would be ruling in favor or getting rid of
6
PFCSacknowledgesthataffirmativeactionisnotaperfect
system. It is a “band-aid” solution that aims to rectify historical
injustices and promote equal opportunities. There are limited
spotsonacollegecampusanditisimpossibletoattempttogivea
spot to everyone who deserves one. It is the universities job to
equitably distribute their spots. The discrimination caused by
affirmative action is a temporary and necessary trade-off to
addressthedeep-rootedinequalitiesthatexistinoursociety.Itis
ameanstocounteracttheeffectsofsystemicracismandpromote
social justice. By providing opportunities to individuals from
marginalized communities, affirmative action opens doors that
were previously closed and allows for a more equitable
distribution of educational resources.
Affirmative action policies, when implemented correctly,
strive to create a fair and inclusive admissions process that
benefits individualsfromhistoricallydisadvantagedbackgrounds
without unfairly disadvantaging others.
Equityismorenuancedthanonlyprovidingeveryonewith
the same resources or opportunities. It is crucial that a liberal
democracy realizes that not everyone needs the same
opportunities or the sameamountofresourcestobeatthesame
level.Rulinginfavorofaffirmativeaction,inaccordancewiththe
Respondent, will continue to stabilize America and prevent
democratic backsliding. McCann and colleagues wrote about the
8
injusticeofthelawandhowagovernmentthatisdemocraticcan
be illiberal and an authoritarian government can have liberal
components. The courts help keep the balance of strength and
freedom.McCannandcolleaguesalsorecognizethatthelawisnot
inherently equitable, it does not affect or apply to every group
equally. Several marginalized communities havefacedeconomic,
social, political, and physical discrimination that makes it more
difficulttosetupforsuccessinhighereducation.Ifonegrouphas
accesstomoney,power,andconnectionstheirwholelife,theywill
haveabetterchanceatsucceedingandgettingintoaninstituteof
higher education than someone without. PFCS realizes that itis
necessary to use affirmative action to attempt to balance these
tippedscales,evenifthatisattheexpenseofothers.Nodecision
is completely ethical or perfect, it is a balancing of scales.
CONCLUSION
Althoughaffirmativeactionconsidersadmissionbasedon
race, the potential for discrimination is an unfortunate, yet
unavoidable byproduct, affirmative action is a necessary,
temporary solution for an institutional and systemicproblem.It
promotes diversity, addresses prejudice and discrimination on
campus,acknowledgestheongoingrelevanceofrace,andseeksto
compensate for historical inequalities and uphold liberalism. By
ruling in favor of the Respondent and supporting holistic
admissions that considers race as one factor among many,
colleges can create a more inclusive and vibrant educational
environment that prepares students to thrive in a diverse society.
9
Affirmative action is not perfect, but it is a crucial step toward
creating a more just and equitable society.
By considering race as one factor among many in the
admissionsprocess,affirmativeactionensuresthatstudentsfrom
historically marginalized groups have the opportunity to access
higher education. It acknowledges the systemic barriers and
disadvantagesfacedbycertainracialandethnicgroups,including
limited access to quality education and economic disparities.
Without this consideration, universities are not admitting
studentsaspeople,butstatistics.PFCSurgesthecourtstorulein
favor of justice and progression towards equity by supporting
those who would be completely powerless without affirmative
action.
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