Abigail Fisher: Not dark enough to get “an equal shot”
The under-populated U.S. Supreme Court recently made four decisions on issues with ethical principles involved. This is the first of four posts reviewing the ethics implications of the decisions.
I. Affirmative Action: Fisher v. University of Texas
The University of Texas’ admissions program guarantees admission to top students in every high school in the state. It is dubbed the Top 10 Percent program, though the percentage cutoff is flexible. A second part of the admissions program admits other students from Texas and elsewhere using standards that take into account academic achievement and other factors, including race and ethnicity. Many colleges and universities base all of their admissions decisions on such grounds. The case before the Court challenged that part of the program, and presented an opportunity for the Supremes to finally declare affirmative action unconstitutional, as previous opinions hinted they might do some day.
This was not the day, however. Justice Kennedy, writing for the majority, said courts must give universities significant but not total autonomy in designing their admissions programs, writing:
“A university is in large part defined by those intangible ‘qualities which are incapable of objective measurement but which make for greatness.’ Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission.But still, it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity.”
This defines either an ethical dilemma, which the Court’s majority is punting, or an ethical conflict…which the Court majority is punting. Is diversity an ethical objective, or a practical one, that is, a powerful non-ethical consideration? It is hard to argue that diversity in a student body isn’t desirable—to enhance the educational experiences of students, to avoid having a permanent, under-credentialed underclass, to “look like America.” However, fairness and common sense argue that admitting one candidate over another who is better qualified simply because of ethnicity or race is per se wrong. I don’t blame the Court at all for not making a clean call.
As usual, President Obama described the result in simplistic terms. “I’m pleased that the Supreme Court upheld the basic notion that diversity is an important value in our society,” he told reporters at the White House. “We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody.”
Thank you, President Obvious. The crux of the case, however, was what should be done when using race as a standard for admission to attain that diversity denies an “equal shot” to someone who has the misfortune to be white, like Abigail Fisher, or Asian-American. Continue reading →
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Kyle Kashuv is the Parkland, Florida student who bucked the trend and took the side of the Second Amendment while his fellow students were being hailed as moral exemplars for attacking the NRA and touring the country as vocal and self-righteous anti-gun activists. While David Hogg and the rest became go-to guests on CNN and MSNBC’s talking head shows, Kashuv launched a career as a junior conservative pundit, hanging out on Fox News. Harvard College, which never found a young celebrity it didn’t want to recruit as long as he or she could spell C-A-T, accepted him for its 2023 Class.
Ethics Alarms 
Ethics Alarms works best when commenters take a post and extend the issue to the next stage, expanding the inquiry and making useful observations. This Comment of the Day by Charles Green is an example. I had just written three posts (including this, and this, that related to Charles’ commentary more closely than the post it actually followed) about various ethics aspects of the Trump-Billy Bush tape and the reaction to it, and Charles flagged enough additional material for a fourth.
Here is his Comment of the Day on the post, Donald Trump “When You’re A Star, They Let You Do It” Apology, Take Two! (I’ll be back to add a bit to Charles’ points at the end.)