Friday, September 28, 2012

Blog 5: Affirmative action, rights cases await U.S. Supreme Court


Analysis

The U.S. Supreme Court has a couple of issues that they have to address very soon.  This is the first time the court is together since the courts “decision to upheld nearly all of President Barack Obama's healthcare law”.  One of the cases that the Supreme Court has to hear is “Fisher v. University of Texas at Austin.”  This court case will be held on October 10 and will deal with the issue of “using race in undergraduate admissions to increase diversity is still acceptable under the U.S. Constitution.”  The court is also going to be looking at the court case, “Kiobel and Fisher, which deals with the controversy of and the possibility the court will visit the issues of gay marriage and voting rights.”  The Supreme Court has “already has accepted close to 40 cases for the new term, filling roughly half of its usual docket.”  On the matter of Same-Sex Marriage the court had to review 12 previous cases like this one and whether it is legal or not.  “Several address the constitutionality of the Defense of Marriage Act, which requires the government to deny benefits such as Social Security payments to gay and lesbian couples. Even if they live in states that allow same-sex marriage.”  The Supreme Court is suppose to say if they accept these cases or rejects them by the end of June. 


Critique

            The United States Supreme Court is finally back from their summer break and has many issues that they have to address including, Same-Sex Marriage, and if race is should be a deciding factor in the case of undergraduate admissions.  In the case of Kiobel and Fisher, which deals with gay marriage and if it should be legal or illegal.  This will be a big case in American history.  The court has already reviewed nearly a dozen cases dealing with same sex marriage and what the results were.  So it should be interesting to see what the court decides on the matter.  The court has to also look at if the Constitution defends the right of gay marriage, along with other issues.  The court also has to look at the issue arising about if having a diversity quota is legal or not.  Even if one of the students was so much better than the other but if the college had to fill up their diversity, the smarter student would obviously not get into the school.  This problem has occurred before and is a normal part of the applying to college now.  Schools are looking to put diversity in their schools but are it legal to do this.  That’s what the Supreme Court has to find out, and they should have an answer by the end of June for both those cases and others.




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