Who is Fighting the Fight?

Abstract

The purpose of this chapter is to assess who are the actors leading the charge for and against affirmative action in the most recent U.S. Supreme Court cases on affirmative action in the 21st century. We are interested in the primary “lobbyist” of the Court during cases dealing with higher education and affirmative action (Gratz/Grutter and Fisher I and II) who make use of amicus briefs to make their cases for and against the policy. Amicus briefs are often described as “friends of the court” because they provide unique information to the court as well as elucidate broader social and political implications of the case's potential decision. However, scholars also argue that such briefs act to lobby the court for a specific resolution. While we look at all variation in authorship (e.g., individuals, civic organizations; universities, etc.), we pay particular attention to advocacy groups who have joined the fight for and against affirmative action in the public arena. Concerning opponents of affirmative action, scholars have stated that the backlash in the U.S. over policies and initiatives associated with the Civil Rights Movement has been led by elite-backed advocacy organizations, including special interest groups and think tanks.