Trace the history of Affirmative Action in the U.S Supreme Court. . Which Judges voted for its passing and why? The case was overturned in 2023, which judges voted to overturn it and why? List at least 3 cases that led to the overturning of ROE. How did the judges political ideologies shape or reshape their vote. Has the court become more or less Liberal or Conservative.
Research Paper: Each student must submit a 10 page research paper
Sample Answer
Sample Answer
The Evolution of Affirmative Action in the U.S. Supreme Court
Introduction
Affirmative action has been a contentious issue in the United States, with its legality and effectiveness debated for decades. This research paper aims to trace the history of affirmative action in the U.S. Supreme Court, exploring key cases and the voting patterns of judges. Additionally, this paper will examine the overturning of affirmative action in 2023 and the judges responsible for the decision. Finally, it will analyze how political ideologies have shaped the court’s voting patterns and determine whether the court has become more liberal or conservative over time.
The Passage of Affirmative Action and Judges’ Votes
Regents of the University of California v. Bakke (1978): In this landmark case, the Supreme Court ruled that affirmative action was constitutional but limited the use of racial quotas in college admissions. Justices Lewis Powell, William Brennan, Thurgood Marshall, Harry Blackmun, and John Paul Stevens voted in favor of affirmative action. They believed that diversity in educational institutions served a compelling state interest.
Grutter v. Bollinger (2003): The Supreme Court upheld the University of Michigan Law School’s affirmative action policy in this case. Justice Sandra Day O’Connor wrote the majority opinion, joined by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer. The majority argued that diversity in higher education was a compelling state interest and that race could be used as one factor among many in admissions decisions.
Fisher v. University of Texas at Austin (2016): The Supreme Court reaffirmed the constitutionality of affirmative action in higher education in this case. Justice Anthony Kennedy wrote the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. The majority emphasized the importance of an individualized, holistic review of applicants and deferred to the university’s judgment regarding diversity.
Overturning of Affirmative Action and Judges’ Votes
In 2023, the Supreme Court overturned affirmative action in a significant case. The following judges voted to overturn it:
Chief Justice John Roberts: Chief Justice Roberts believed that affirmative action perpetuated racial distinctions and violated the principle of equal protection under the law. He argued for a color-blind approach to admissions, where race should not be considered as a factor.
Justice Clarence Thomas: Justice Thomas held a similar view to Chief Justice Roberts and believed that affirmative action was inherently discriminatory and inconsistent with the Constitution’s original intent.
Justice Samuel Alito: Justice Alito also voted to overturn affirmative action and expressed concerns about racial preferences and potential reverse discrimination.
Cases Leading to the Overturning of Roe
Planned Parenthood v. Casey (1992): While this case did not directly overturn Roe v. Wade, it significantly modified its framework. Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter joined together to uphold certain abortion restrictions, allowing states to impose regulations as long as they did not create an “undue burden” on women seeking abortions.
Gonzales v. Carhart (2007): In this case, the Supreme Court upheld the federal ban on partial-birth abortions. Justices Anthony Kennedy, John Roberts, Samuel Alito, Antonin Scalia, and Clarence Thomas voted in favor of the ban, constraining the scope of Roe by permitting greater government regulation.
June Medical Services v. Russo (2020): Although this case did not overturn Roe v. Wade, it weakened its application by upholding a Louisiana law requiring doctors who perform abortions to have admitting privileges at nearby hospitals. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Chief Justice John Roberts supported the law’s constitutionality.
Political Ideologies and Voting Patterns
The political ideologies of Supreme Court justices have played a significant role in shaping their votes on affirmative action and abortion rights cases. Conservative justices like Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito have generally opposed affirmative action and supported restrictions on abortion rights. Liberal justices such as Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan have consistently supported affirmative action policies and defended abortion rights.
In recent years, with appointments made by conservative presidents, the Supreme Court has become more conservative-leaning. This shift is evident in cases related to affirmative action and abortion rights where decisions have been more restrictive. However, it is important to note that the court’s composition can change over time due to retirements or new appointments, potentially altering its ideological balance.
Conclusion
The history of affirmative action in the U.S. Supreme Court has been marked by landmark cases that shaped its legality and implementation. Justices’ votes have varied based on their interpretations of the Constitution and their political ideologies. The overturning of affirmative action in 2023 by Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito signaled a shift towards a more conservative court. Similarly, several cases have weakened the scope of Roe v. Wade with conservative-leaning justices supporting restrictions on abortion rights. Overall, these developments highlight the ongoing ideological debates within the court and their impact on significant social issues in American society.
