Despite the Hopwood decision in the Fifth Circuit, the 1978 Supreme Court case of University of California, Davis v. Bakke is still the law of the land. In that important decision, the court argued that diversity in higher education does serve a compelling state interest. The diversity rationale upon which the legal debate over affirmative action rests argues that race is an important factor among others when considering who should be admitted to the university. Despite the threats posed to affirmative action by lower court decisions, until the Supreme Court hears another affirmative action case, most colleges and universities are still following the guidelines of Bakke , and are arguing that diversity is an important part of their institution s mission. The loss of affirmative action programs will increase segregation in our country s top universities and colleges.
Diversity is an important educational goal for all campuses and for all students.
The loss of affirmative action programs will increase segregation in top graduate schools, and as a result, in certain professions, such as law and medicine. After a history of exclusion of minorities from colleges and universities, particularly by more competitive schools, policies should be consistent with the commitment to further open the higher education doors to underrepresented populations. Ending affirmative action is a dismissal of the fact that discrimination still exists in our society. Remedies such as affirmative action in college admission, and scholarships is one crucial remedy. These tests have been proven to be racially and culturally biased.