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.

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 

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.

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.

Questions? Tips? Concerns? Reach out to our Director of Education, David Olson: dolson@retroreport.com