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Affirmative action: forging a constitutionally acceptable solution - Special Report Top 100 Degree Producers

by Percy R. Luney, Jr. , June 18, 2007

In 1985, 40 percent said yes, 46 percent no. More recently, in March 1993, and February 1995, support for such programs and practices had dropped to 33 percent while 55 percent rejected preferences even when justified by past discrimination, according to the poll. A March 1995 Washington Post/ABC News national poll found that 75 percent of respondents to a similarly worded question opposed preferences. "Eighty-one percent of whites and 46 percent of Blacks were against such treatment," the poll found.

Does this opposition to affirmative action imply an increased attitudinal backing of racial discrimination by whites? The answer to this question is not clear. It is difficult to advocate preferences for an entire group when some members of that group are better off than you are. Affirmative action critics give lip service to equality of opportunity and the duty of employers to give everyone a fair chance.

They have not explained how we can achieve a system of true meritocracy, have not shown any support for attacking mostly white group preferences for veterans, athletes, alumni relatives and persons of financial and political influence, and have not advocated strict enforcement of civil rights laws against racial and gender discrimination.

If affirmative action is to continue with public support across racial lines, it may need to be class-based and limited to educational admissions. Based on recent rulings of the federal courts, a race-neutral affirmative action program may be the only affirmative action program that can withstand the test of strict judicial scrutiny.

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