The Vermont Connection


Affirmative Action programs originally were meant to create equal opportunities for historically marginalized students across institutions in the post-Civil Rights era (Backes, 2012; Kellough, 2006). Administrators in the United States grapple with the implementation of programs to increase the number of women and students of color into colleges and universities. The legality of these programs are under scrutiny; the Supreme Court heard two cases in 2013 involving affirmative action programs (Jaschik, 2013a). One involved the University of Texas when they denied Abigail Fisher admission in 2008. Another involved the state of Michigan barring state universities and colleges from considering issues such as race or ethnicity in admissions. This article takes a legal standpoint of the development of the Supreme Court’s stance on affirmative action and explores policy implications.