Schuette v. Coalition to Defend Affirmative Action - Reason Foundation

More documents

Recommendations

Info

22than that of the Michigan legislature—and it is difficultto argue that it is not at least as good.II. Voter Initiatives Like MCRI Hold the Keyto Improving the Academic Success of Under-RepresentedMinority Students.For years, colleges and universities operatedunder the assumption that when they engaged inaffirmative-action preferences in admissions, minoritystudents were receiving a valuable benefit.The evidence indicates, however, that this is error.The recipients of preferences must often struggle tosucceed at institutions where their entering academiccredentials put them well below that institution’smedian. Many are worse off.How can this be? No one should be surprised tolearn that affirmative action beneficiaries tend toearn low grades at the colleges and universitiesthat recruit them. While some students will outperformtheir entering academic credentials just assome students will under-perform theirs, most studentsperform in the general range that their enteringcredentials suggest. See, e.g., Gail Heriot, TheSad Irony of Affirmative Action, 14 National Affairs78 (Winter 2013); Richard H. Sander & Stuart Taylor,Jr., MISMATCH: HOW AFFIRMATIVE ACTIONHURTS STUDENTS IT’S INTENDED TO HELP, AND WHYUNIVERSITIES WON’T ADMIT IT (2012) (“MISMATCH”).Even affirmative action advocates concede that minoritystudent grades are “startlingly low.” See Ianunique to the initiative context. See Jordan Schrader, BAMNDefends Purpose, The Michigan Daily (Feb. 11, 2002) (reportingtactics in connection with Grutter and Gratz litigation).
23Ayres & Richard Brooks, Does Affirmative ActionReduce the Number of Black Lawyers?, 57 Stan. L.Rev. 1807, 1807 (2005) (referring to first-year lawschoolgrades).What some do find surprising is that studentswho attend a more prestigious school on a preference(and who hence earn low grades) have beenrepeatedly shown to be less successful than studentswith precisely the same entering academiccredentials who attend a school where those enteringcredentials put them at or somewhat above themedian (and who hence earn higher grades). Theso-called “beneficiaries” of affirmative action areless likely to graduate than their academic peersattending somewhat less prestigious schools. MIS-MATCH at 106-08. They are less likely to graduatewith a degree in science and engineering. See, e.g.,Rogers Elliott, et al., The Role of Ethnicity inChoosing and Leaving Science in Highly SelectiveInstitutions, 37 Res. Higher Ed. 681, 692-93 (1996).In law schools, they are less likely to graduate andpass the bar. Richard Sander, A Systemic Analysisof Affirmative Action in American Law Schools, 57Stan. L. Rev. 367 (2004). They are less likely to aspireto become college professors. See Stephen Cole& Elinor Barber, INCREASING FACULTY DIVERSITY:THE OCCUPATIONAL CHOICES OF HIGH ACHIEVINGMINORITY STUDENTS (2003).Nevertheless, all is not lost—not yet anyway.While CCRI has been consistently opposed by universityadministrators, it has been a shining exampleof how these problems can be turned around.To begin with, CCRI greatly increased the academicperformance of under-represented minority stu-
Page 5 and 6: ivHirabayashi v. United States,320
Page 7 and 8: viEbner, Michael H., & Tobins, Euge
Page 9 and 10: 1INTEREST OF AMICI CURIAE 1An affil
Page 11 and 12: 3the principles of the American fou
Page 13: 5[I]f the admissions committee of a
Page 19 and 20: 11charter amendment at issue in Hun
Page 21 and 22: 13Michigan legislature from passing
Page 23 and 24: 15Once such a law is passed, the gr
Page 25 and 26: 17sion would have to hold: The disc
Page 27 and 28: 19than its tendency to break and co
Page 29: 21fornia, between the years 1914 an
Page 33 and 34: 25were at less competitive schools
Page 35 and 36: 27rican-American and Hispanic stude
Page 37 and 38: 29ty, so it is remarkable that grad
Page 39: GAIL HERIOT4830 Hart DriveSan Diego

Schuette v. Coalition to Defend Affirmative Action - Reason Foundation

Create successful ePaper yourself

Delete template?

Save as template?