The Currency of Reparations: Affirmative Action in College Admissions (Comment)

The purpose of this paper is to re-examine Bakke, in light of the challenges it has faced at the University of Michigan Law School and undergraduate school. This paper will look at the obstacles universities face in implementing the Bakke diversity rationale, and explore two possible avenues for justification of using race-conscious admissions measures. One justification for using race-conscious admissions policies is to remedy past societal discrimination. Another justification provided by the First Amendment may afford some protection to a university's admissions policy if properly worded. Justice Powell announced that diversity is a compelling interest under the First Amendment.' This First Amendment academic freedom has never been developed in the courts. Instead, race-conscious admissions policies have been struck down on Fourteenth Amendment grounds. All of these discussions take place through the lens of a color-blind interpretation of the Constitution