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Feminist Leaders Commemorate First Anniversary of Landmark Supreme Court Affirmative Action Ruling

June 23, 2004

by NOW Staff

One year ago today, the Supreme Court ruled in Grutter v. Bollinger that the government has a compelling interest in promoting diversity as a way to ensure equal access to higher education in the United States.

In a 5-4 decision announced June 23, 2003, the court upheld the admissions policy of the University of Michigan Law School, which evaluated applicants based on grades, academics, athletics and children of alumni, and considered membership in a racial or ethnic minority group as a "plus factor."

When the Grutter ruling was announced, feminist leaders expressed relief that the Court, and particularly Justice Sandra Day O'Connor, had recognized the benefits of diversity. Justice O'Connor wrote that affirmative action policies are still needed in America, though she hoped their days were numbered: "We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."

A year after the ruling, feminist leaders said they are recommitting themselves to the fight for equal access to education, particularly in light of heightened efforts by right-wing extremists to eliminate minority programs and scholarships and threaten universities with litigation and funding reductions.

"Justice O'Connor made clear one year ago that affirmative action is one concrete tool that we can use to achieve the goals of equality in education set out by Brown v. Board of Education," said NOW President Kim Gandy. "But now more than ever, we must continue the struggle to ensure that every student in this country has an equal opportunity to succeed."

For more information:

  • Supreme Court Recognizes Benefits of Diversity In Split Decision Favoring Affirmative Action (6/03)
  • Fifty Years after Brown v. Board of Education, NOW Continues the Fight for Equal Education (5/04)

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