Lesson Plan

Why the Supreme Court Endorsed, Then Limited Affirmative Action

Overview

This 12-minute video examines contemporary and historical Supreme Court cases dealing with affirmative action. For decades, the Supreme Court upheld the consideration of race in college admissions. But in 2023, the Supreme Court rejected the consideration of race as a factor in college admissions. The Court sided with challenges to admissions practices at Harvard, which was accused of discriminating against Asian Americans, and at the University of North Carolina at Chapel Hill, where plaintiffs argued that unfair preference was given to Black, Native American and Hispanic students, putting white and Asian applicants at a disadvantage. Both universities defended their admissions practices, citing past Supreme Court rulings that support the use of race as a factor.

Lesson Plan: Affirmative Action in College AdmissionsStudent Activity: Affirmative Action in College AdmissionsStudent Activity: Affirmative Action SCOTUS FRQStudent Activity: Case BriefDefinitions ActivityCollection: U.S. Supreme Court

Objectives

Students will:

  • Examine contemporary and historical Supreme Court cases dealing with affirmative action.
  • Analyze and classify arguments in support of and opposition to affirmative action programs.
  • Identify the purpose and effectiveness of amicus curiae briefs.
  • Analyze a Supreme Court opinion to determine the main idea and supporting details.
Subjects
  • Civics & Government
Topics
  • AP U.S. Government & Politics
  • Civics and Government
  • U.S. History
  • Supreme Court
  • Race in U.S. History
  • The Modern Era (1980-Present)
For Teachers

Essential Questions

  • How has the Supreme Court viewed affirmative action policies in higher education?
  • What are the central arguments in support of and opposition to affirmative action policies?
  • What are amicus curiae briefs, and why are they important to the process of deciding cases?

Additional Resources

Transcript for "Why the Supreme Court Endorsed, Then Limited Affirmative Action"Retro Report 
Article: How to Read a Legal OpinionThe Green Bag: An Entertaining Journal of Law 
Case Excerpt: Grutter v. Bollinger Retro Report 
Why and When to File an Amicus BriefSmith, Gambrell & Russell 
Excerpt of the ruling in Grutter v. Bollinger (2003)The Supreme Court 

Standards (Common Core State Standards)

Cite specific textual evidence to support analysis of primary and secondary sources, attending to such features as the date and origin of the information.

Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text.

Assess the extent to which the reasoning and evidence in a text support the author’s claims.

Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole.

Standards (National Council for the Social Studies C3 Framework)

Determine the kinds of sources that will be helpful in answering compelling and supporting questions, taking into consideration multiple points of view represented in the sources, the types of sources available, and the potential uses of the sources.

Distinguish the powers and responsibilities of local, state, tribal, national, and international civic and political institutions.

Analyze the impact of constitutions, laws, treaties, and interna-tional agreements on the maintenance of national and international order.

Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

Evaluate citizens’ and institutions’ effectiveness in addressing social and political problems at the local, state, tribal, national, and/or international level.

Evaluate social and political systems in different contexts, times, and places, that promote civic virtues and enact democratic principles.

Analyze the impact and the appropriate roles of personal interests and perspectives on the application of civic virtues, democratic principles, constitutional rights, and human rights.

Analyze how people use and challenge local, state, national, and international laws to address a variety of public issues.

Evaluate public policies in terms of intended and unintended outcomes, and related consequences.

Standards (AP Government and Politics)

More like this

Image from How a 1944 Supreme Court Ruling on Internment Camps Led to a Reckoning
Lesson

How a 1944 Supreme Court Ruling on Internment Camps Led to a Reckoning

Students will learn how the U.S. government imprisoned 120,000 people of Japanese descent, most American citizens, during World War II and the lasting impact of a related Supreme Court ruling.
Image from Presidents v. Press: How the Pentagon Papers Leak Set Up First Amendment Showdowns
Lesson

Presidents v. Press: How the Pentagon Papers Leak Set Up First Amendment Showdowns

Students will learn about the Pentagon Papers during Nixon’s presidency, the long history of U.S. presidents battling national security leaks and the role of a free press in America’s democracy.
Image from Campaigns and Elections: The 2000 Election
Lesson

Campaigns and Elections: The 2000 Election

Students will learn why the 2000 presidential election, a race between George W. Bush and Al Gore, was decided by the Supreme Court, and how that led to changes that continue to influence our elections today.
Image from Brown v. Board of Ed and Busing Promised Integration. Why Are Schools Still Segregated?
Lesson

Brown v. Board of Ed and Busing Promised Integration. Why Are Schools Still Segregated?

Students will learn why much of the school integration achieved through cross-town busing has unraveled over the last few decades.
Questions? Tips? Concerns? Reach out to our Director of Education, David Olson: dolson@retroreport.com