AFFIRMING AFFIRMATIVE ACTION
Steinfels, Peter
THERE ARE several good reasons mative action." Critics of affirmative for my not writing anything at AFFIRMING ...
...peared in papers around the coun- Understood as hard-and-fast percent- To guard against such abuses, the try...
...In the case of DeFunis, not what the individual has personally and evaluated them by more lenient only were some minority students achieved or can control, that I canstandards...
...For one thing several ACTION feres with academic hiring and adthoughtful columns on the subject, missions policies just as seriously as by William Shannon and Anthony PETER STEINFELS would a strict determination of such Lewis, have already appeared in the matters by grades and test scores...
...and has been, abused in that manner...
...Not all DeFunis' defenders likes to cite, "give in reality to every situation to settle the matter without favor such a drastic and narrow re- political principle its distinguishing closing down controversy on the quirement...
...If ideoHardly any outspoken defenders of base this permissible discretion...
...Must universities ignore seems a workable compromise...
...Still the case has a fascination- policies of universities...
...Critics of affirmative for my not writing anything at AFFIRMING action charge that it is simply quotas this moment about the case of Marco AFFIRMATIVE by another name, and that it interDeFunis, Jr...
...What ultimately, however, only "qualificaconcerned groups including the AFL- if the factor like race, sex, or age tions" should determine who, out of CIO, the Anti-Defamation League, is not the determining factor but only this enlarged pool of candidates, Harvard University, the American one of several factors weighed in the should get the position...
...ment interference in the admissions whatsoever among the "qualifications...
...So many factors than a number of black, Chicano, than academic ranking-everything go into the choice of each individual, and Indian applicants who were ad- from alumni connections to regional a constellation of circumstances and mitted...
...others, which I Democratic national convention, or No doubt affirmative action can be, have not seen, have probably ap- university admissions and hiring...
...For another thing I have not ages allocated on the basis of race distinguished legal scholar Alexander had the opportunity of reading any (or sex and age) and without re- Bickel has argued that affirmative acof the briefs, more than thirty of gard to other factors, quotas are ob- tion be limited to active and extended them, filed not only by the parties jectionable to almost everyone...
...How logical politics means hewing to a "quotas" are currently in sight, which is one extra-academic factor, such as principle without regard for "ciris not surprising in view of the race, to be distinguished from others, cumstances," then those who deanxiety and hostility the notion has such as income level, geographical terminedly oppose or seek to weaken generated, whether in the area of or occupational background...
...The larger issues...
...what principles, then, would they or noxious to mankind...
...DeFunis and the what if the percentage 'is not hard- dates for school or job openings...
...The first one concerns "quotas...
...Cirit does, there is a good chance that all such characteristics and base ad- cumstances . . ." wrote Edmund the Court will find enough peculiar- missions only on grades and test Burke in a passage Professor Bickel ities in the University of Washington scores...
...if I read Professor Bickel right, is cil of Jewish Women, the Legal De- A second issue is that of govern- not to be considered in any respect fense Fund, and so on...
...It is rather The more I am involved in efforts and an importance-which I, no more shocking that few of the academicians to select among candidates for openthan these dozens of organizations, who were so vociferous in opposi- ings, the more convinced I am of the cannot resist...
...University admissions have more dubious I am of Professor his aptitude test scores were higher traditionally involved factors other Bickel's distinction...
...But recruiting of qualified minority candito the case, Mr...
...they would allow a dis- color and discriminating effect...
...cretionary admissions policy, but not circumstances are what render every Those larger issues remain, how- one based in any way on race...
...DeFunis sued on the with lower grades and test scores not see why minority group statusgrounds of reverse racial discrimi- admitted ahead of him, so too were as one among numerous consideranation...
...And race, Bar Association, the National Coun- balance...
...The law school had pooled distribution to athletic needs and intangibles, including so much beyond the applicants from minority groups abilities...
...On civil and political scheme beneficial ever...
...University of Washington, but by and-fast but only more-or-less...
...down its decision on the DeFunis the only extra-academic matter taken In any case, affirmative action case for several months...
...Clearly, race was not way of compensation...
...And when into account...
...a good number of white students with tions-could not come into play by The Supreme Court will not hand lower scores...
...affirmative action are, in this instance, housing, delegate selection for the The third issue centers on "affir- the ideological politicians...
...New York Times...
...15 March 1974: 30...
...In 1971 DeFunis was tion to the "politicization" of the slippery nature of notions like "qualirefused admission to the University university have raised their voices on fications" and "merit"-and hence the of Washington Law School although this issue...
Vol. 100 • March 1974 • No. 2
