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5 Geo. J. L. & Mod. Critical Race Persp. 77 (2013)
Reaction To: Reforming Diversity: Finding Our Way to a More Inclusive Affirmative Action Jurisprudence

handle is hein.journals/gjmodco5 and id is 85 raw text is: Reaction to: Reforming Diversity: Finding Our Way to a more Inclusive Affirmative Action Jurisprudence JALISE BUTRT* Martinez-Watts argues that jurisprudence on affirmative action has taken off in the wrong direction by focusing on diversity rather than on remedying the lingering effects of institutionalized racism. The author emphasizes the deficiency by demon- strating how the diversity discourse has been more about enriching the educational experience of white students rather than providing opportunity to students who have fewer opportunities because of their race. Martinez-Watts' argument furthers a much- needed, more straight-forward purpose for affirmative action. However, I argue that her emphasis on individual holistic review to ensure that no one is unfairly excluded because of the lingering effects of state sponsored discrimination is incomplete as it does not address Black students who would not appear disadvantaged on their appli- cation. In the respondent's brief in Fisher v. University of Texas, the University posits that affirmative action through holistic review is a necessary tool to achieve diversity within racial groups. While the Top 10% program increased diversity at the institu- tion, increased representation of minorities has been from underfunded, majority- minority schools as a result of de facto segregation. Minority candidates who are not from segregated, underfunded schools are not as well represented. The African American or Hispanic child of successful professionals in Dallas who has strong SAT scores and has demonstrated leadership ability in extracurricular activities but falls in the second decile of his or her class or attends an elite school which does not rank cannot be admitted under the Top 10% law.' The school argues that admitting this student under its holistic review with affirma- tive action furthers its compelling interest in diversity by dispelling stereotypes about minorities. While this is an argument that focuses on the benefit of diversity, Martinez- Watts' argument that affirmative action should be used to remedy disadvantage can also serve as a justification for using affirmative action to admit these more affluent minority students. First, affirmative action should not only be used to remedy disadvantage due to race when it is spotted in individuals, but should also be used to increase the affluence of minority groups just as state sponsored white privilege has allowed whites to build equity over generations. Facilitating inter-generational equity-building al- lows minorities to gain affluence faster and equips them with resources that they can use for their communities. For example, in White communities there is greater * Georgetown University Law Center, 2014 Juris Doctor candidate and Staff Editor of the Georgetown Journal oflaw d-lodern Critical Race Perspectives. D 20 13, Jalise Burt. 1. Respondent brief at 34. 77