Supreme Court Upholds Affirmative Action Ban: Racial Inequality

Social Policy: Affirmative Action

In his article, David Savage discusses the Supreme Court’s decision to uphold ban on affirmative action in Michigan, something that shows history will always repeat itself. The aggrieved parties took the issue to the highest court in the land after the lower ones had clarified that there was no need of affirmative action to contain the widespread inequalities in state universities. The court called on the state’s electorate to decide whether it needed the policy in Michigan to ensure equal opportunities. Six judges supported the idea of abolishing the policy while two dissented arguing that the issue of racial discrimination was a reality not only in state run institutions, but also in the private sector hence the policy had to be strengthened further. After independence, the government came up with various social policies to ensure the minorities access important services, such as education and healthcare, with affirmative action being the dominant policy.

Through the policy, either the government has to give the disadvantaged special consideration meaning their standards for entry in the organization or institution of learning is adjusted to give them an advantage. Speaking on behave of the majority, judge Anthony Kennedy established that the issue of racial inequality was complex and voters were expected to determine the way forward through a democratic process in an election. In 1996, the debate in whether to ban affirmative action was rife in Michigan, but the judges ruled in 2003 that the society needed the policy to safeguard the rights of the minorities. However, voters decided in 2006 that they no longer needed when they voted fifty-eight percent against forty-two to abolish the policy in state universities.

Social Attitudes, Views, & Beliefs

Presently there are several social attitudes, views, beliefs, and assumptions associated with persistent racial inequality within the American society. In his study on race relations, Patterson (1995) argues that some observers associate the problem of racial inequality with the “Black culture,” while others link it to government’s incapacity to promote social betterment. Drawing from this argument, it is evident that some members of society view racial inequality as being fuelled by “retrogressive” and “lazy” black culture, while others perceive it as originating from government’s inaction to provide for its citizens and as such, affirmative action as a social policy should not be applied because it gives them undue advantage.

As Patterson (1995) reports, other members of society define racial inequality in terms of perceived blacks’ “chronic lawlessness, drug use, welfare dependency, and school failure” (p. 237). This perception implies undesirable behaviors of blacks rather than deficiencies in the United States social and political policies precipitate income and wealth gaps between whites and blacks suggesting the idea of affirmative action should not arise because it serves only one purpose of depriving other races of their resources. In terms of welfare dependency, Dyck and Hussey (2005) argue that “when white Americans think about welfare, they are likely to think about black Americans” (p. 589). Such racial attitudes and negative stereotypes about blacks, according to these authors, have tilted the American public opinion in favor of whites forcing various institutions of society to view policies aimed at uplifting the standards of the blacks, such as affirmative, with contempt. Indeed, owing to the persistent problem of racial inequality, some whites still hold the belief that blacks are biologically inferior.

Forms of Discrimination and Oppression that the Policy Seeks to Address

Several discriminatory and oppressive practices continue to face blacks due to the problem of racial inequality. For example, the unemployment rate of blacks is one of the highest in America, not mentioning that the unemployment gap remains practically unchanged over the past 40 years. Brown et al (2000) acknowledge that “black men of all social classes, not just the unskilled or poorly educated, experience more unemployment than white men” (p. 514).

Another form of discrimination arising from racial inequality is the wage differential. As posited by Brown et al (2000), the wages of black workers continue to lag behind those of whites even in scenarios where black workers have superior education or are better qualified than their white counterparts are. The unequal treatment of otherwise equal individuals has bred several forms of oppression, including differential treatment in accessing healthcare and educational opportunities, few economic and social supports, crime-oriented racial profiling, and unequal distribution of wealth.

Comparison between History and Today

There are many similarities between how blacks were treated during the American industrialization era and how they are treated today, implying that most of the social policies, such as affirmative action, have not been effective in addressing racial inequality. During the 1850’s, the United States was keen on ending slavery. However, it is clear that its policy of development was not committed to ending the various racial inequities that existed during this time. As acknowledged by Tice and Perkins (2002), President Lincoln was on record for declining to favor a policy shift that would have initiated the social and political equality of the black and white races though he favored the abolition of slavery. Today, numerous such policies (e.g., Affirmative Action, Equal Pay Act etc) put in place to deal with racial inequality are yet to achieve commendable results. As the news article reflects, blacks are still disadvantaged relative to whites, particularly in the labor market, education sector, and wealth accumulation.

During the American industrialization era, majority of whites viewed blacks as culturally and socially inferior, and as individuals with a predisposition to stick to their “lazy” ways of doing things. In their book, Tice and Perkins (2002) capture these assertions by noting that “it was the view of some military administrators of the camps and most citizens that the freed slaves were intrinsically lazy; and, consequently, many were placed on work details on camp fortifications or they worked under contract labor or plantations in conquered territories” (p. 77). Today, society condones racial inequality in the pretext that some blacks are intrinsically guided by an inferior “black culture” (Brown, 2000).

According to the news article, blacks in the present-day America are perceived to be living in radically different societies compared to whites due to the massive inequalities in the mentioned domains. This attitude is illuminated in the American industrialization era, where freed slaves lived as powerless individuals with no capacity to exert much influence over their lives (Tice & Perkins, 2002). In 1865, President Johnson introduced the “Black Codes” to hamper the “blacks’ ability to move around the countryside, restrict their rights of assembly and free speech, and subject them to whippings for discourteous behavior” (p. 80). Although these codes no longer exist, it can be argued that the racially-oriented difficulties encountered by blacks in contemporary America produce suboptimal individuals with minimal capacity to chart the destiny of their lives.

Overall, it can be argued that these attitudes and views have remained similar over time due to the inadequacies of the social, economic, and political policies that continue to be implemented to address the problem of racial inequality. Although these policies seem effective on paper, their implementation is questionable. For example, the Equal Pay Act is yet to achieve parity of pay between whites and blacks with similar education and experience despite being implemented for over four decades. Similarly, it can be argued that some government policies have been lopsided in the protection of racial interests. Brown (2000) acknowledges that “whites gained from the oppression of blacks and were aided in their accumulation of wealth by government policies dating from the 1930s that allowed whites to accumulate land, homes, and to convert income into stocks, bonds and other assets” (p. 516). Such policies, in my view, are instrumental in ensuring that the status quo remains with regard to racial inequality.

Theme and Conclusion

Affirmative action alone is not sufficient in protecting the interests of the minorities because it has loopholes that the government exploits in subjugating and oppressing other races. History shows that blacks and other races are yet to enjoy their rights and freedoms in the United States since they are always in the receiving end given their disadvantaged positions in society. In other parts of the world, especially Europe, governments employ a robust system in ensuring the issues of class differences and racial discrimination are eliminated. The current policy that the US government uses is simply aimed at support a capitalistic system that is under the tight control of the owners of the means of production.

References

Brown, M.K. (2000). Is race experienced as class? Labor History, 41(4), 513-516.

Dyck, J.J., & Hussey, L.S. (2008). The end of welfare as we know it? Durable attitudes in a changing information environment. Public Opinion Quarterly, 72(4), 598-618.

Patterson, J.T. (1995). Race relations and the “underclass” in modern America: Some historical observations. Qualitative Sociology, 18(2), 237-261.

Savage, D. (2014). Supreme Court upholds Michigan ban on affirmative action. Washington Post, 8(22), 6-8.

Tice, C.J, & Perkins, K. (2002). Faces of social policy: A strengths perspective. Belmont, CA: Cengage Learning.

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