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[15] Affirmative action then evolved into a complex system of group preferences which would face many legal challenges. Affirmative action included the use of racial quotas until the Supreme Court ruled that quotas were unconstitutional in 1978. [16]
Legal scholar Stanley Fish suggests that opponents of affirmative action often argue it is a form of reverse discrimination, and that any effort to cure discrimination through affirmative action is wrong because it, in turn, is another form of discrimination.
In 1986, the Reagan administration was opposed to the affirmative action requirements of the executive order and contemplated modifying it to prohibit employers from using "quotas, goals, or other numerical objectives, or any scheme[,] device, or technique that discriminates against, or grants any preference to, any person on the basis of race ...
News of the Supreme Court ruling that affirmative action in higher education is unconstitutional has catapulted the policy that was legal for at least 45 years to the forefront.
Check out CNN’s Affirmative Action Fast Facts for some background information about affirmative action as well as a few notable Supreme Court court cases.
The Supreme Court's recent ruling to overturn affirmative action means that Colleges and universities can no longer consider race in admission policies. Here how the ruling affects students.
Executive Order 10925, signed by President John F. Kennedy on March 6, 1961, required government contractors, except in special circumstances, to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin".
The initiative was opposed by affirmative action advocates and traditional civil rights and feminist organizations on the left side of the political spectrum. Proposition 209 was voted into law on November 5, 1996, with 55 percent of the vote, and has withstood legal scrutiny ever since.
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