1. What type of consideration did the Bakke decision allow a university to give to race/ethnicity in the admissions process?

2.What type of consideration did the Bakke decision allow a university to give to race/ethnicity in the admissions process?

3.What does Bakke identify as the ways in which racial classifications for affirmative action might be misused, even if those classifications were established for benign purposes?

4.(a) What does Justice Marshall’s Bakke opinion find “ironic” about the majority position?

(b) Contrast Justice Marshall’s Bakke opinion with the “Let Him Alone” principle as discussed by Justice Thomas in the Parents Involved case.

5. In Fischer-2, the Supreme Court considered a challenge to the undergraduate admission program at the University of Texas, which had a two-tier admission program.

(a) Identify the two tiers of the admission program and discuss whether or not race is considered in each of the tiers?

(b) What does the Court identify as the “compelling interest” that justifies any consideration of race in the University of Texas admissions process?

6. Identify the challenges raised to busing in Parents Involved, and summarize the decision and the different reasoning of each of the three groups of opinions as discussed in the Wilkinson article.

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1 The majority argued that by explicitly differentiating racial groups for consideration the university violated the Constitutions guarantee of equal ... View the full answer