The ethnic choice thought of below would be one particular demonstrated, in excellent religion, to users of a team which in any other case would be insignificantly represented or fully unrepresented. ” Lewis F. Powell, Jr. , 5th Typescript Draft, Regents of the College of California v.
Bakke forty four (drft. Nov. This language was finally taken out. In hindsight, Justice Brennan experienced the more powerful argument.
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Justice Powell’s accusation that Brennan’s conception of stigma would condone Jewish quotas was centered on a phony premise. Lowell did not impose Jewish quotas due to the fact he believed that Jews had been academically superior he did so because he thought they were socially inferior and did not belong at Harvard.
The Steinberg posting (mis)cited by Justice Powell was pretty clear about this: proponents of Jewish quotas “pointed to objectionable qualities of Jews . . [and] the attractive characteristics of the university that had been presumably endangered. ” 159 × 159.
Steinberg, supra be aware 19. College officers frequently complained that Jewish college students worked doggedly really hard and were being unfairly competitive, and that their standard academic essay format uncouth essay function and purpose immigrant manners diminished the gentility and social standing of elite institutions. Id . Likewise, if an admissions officer does not want to confess way too many Asians, it is not because she thinks Asians are “much too clever” for her establishment, but due to the fact she thinks they are “textureless math grind[s]” who may well threaten variety or undermine the instructional expertise.
Golden , supra be aware 10, at 201. The past forty years have vindicated Justice Brennan’s critique that Powell’s solution “still left the door open” for likely discrimination towards overrepresented minorities. Even if we take into account only the universities that have admitted to anti-Asian discrimination and the admissions officials who have openly opposed Asian overrepresentation, it is crystal clear that the range rationale can be manipulated to condone the exclusion of minorities.
Incorporate to this the language of the Fisher II majority, which indicated that equally whites and minorities could gain from racial tastes. See supra p. By detaching affirmative motion from social and historic context and grounding its justification in First Modification values of institutional autonomy, Justice Powell’s range rationale allowed for these unintended repercussions. Conclusion. Justice Harlan’s Plessy v. Ferguson 163 × 163. S. dissent, celebrated for its grand vision of the Colorblind Structure, also remarked on a group that was neither black nor white:There is a race so unique from our possess that we do not permit individuals belonging to it to come to be citizens of the United States.
Persons belonging to it are, with handful of exceptions, certainly excluded from our region. I allude to the Chinese race. Id . at 561 (Harlan, J. , dissenting). Admittedly, Asian Us residents have not experienced the exact degree of horrific discrimination as some other minority groups have. They have even so been subject matter to lynching, mass internment, and school segregation.
Dong, supra note 67, at 1047–48.