Empirically-Derived Compelling State Interests in Affirmative Action Jurisprudence
Meera E. Deo
UC Berkeley School of Law; Thomas Jefferson School of Law
August 26, 2013
Hastings Law Journal, Vol. 65, No. 3, 2014
Thomas Jefferson School of Law Research Paper No. 2315787
In the 2013-14 term, the U.S. Supreme Court will consider the legality of a Michigan Constitutional amendment banning affirmative action. Traditionally, educational diversity has been the only compelling state interest that satisfies strict scrutiny in affirmative action challenges. This Article provides additional support for the interest of educational diversity, and proposes three additional compelling state interests for courts to consider. Support for these compelling state interests comes directly from detailed quantitative and qualitative analyses of empirical data collected from Michigan Law students, relating to their preferences for diversity, perceptions of campus climate, and professional aspirations. These findings indicate that educational diversity should remain a compelling state interest, and that courts should also consider the importance of (1) avoiding racial isolation, (2) promoting service to underserved communities, and (3) facilitating diversity in American leadership.
Number of Pages in PDF File: 51
Keywords: strict scrutiny, empirical research, affirmative action, diversity, compelling state interest
JEL Classification: K19, K39Accepted Paper Series
Date posted: August 26, 2013 ; Last revised: October 9, 2013
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