Recently it appeared as if courts and
legislatures were putting an end to affirmative action in higher education.
In Georgia, a federal court held that the University of Georgia’s use of
race and gender in admissions did not pass constitutional muster even though
“diversity” was its stated goal. In Florida, the legislature passed
a law prohibiting the use of race, gender or national origin in higher
education admissions. Two courts, however, have bucked the trend,
upholding the use of race in admissions to achieve diversity. The key
issues remain whether a college or university can demonstrate that its goal of
diversity is a compelling interest and whether the use of race in the
admissions process is narrowly tailored to reach that goal.
