How gender-quota system as violation of equal protection


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Concerned about the extreme underrepresentation of women in the field, the University of Michigan's Computer Science department recently adopted a policy of reserving half the slots in its PhD program for women. In announcing this new policy, the department chair offered the following justification: "Frankly, we cannot remain passive any longer. Information technology will define the future of our nation and the world. It is intolerable that a field with such enormous social significance should be overwhelmingly dominated by men-or any other single group. We have no doubt that this regrettable state of affairs is the result of inaccurate and harmful gender stereotypes, as well as the cultural barriers created by such a male-dominated environment. To counteract these forces and to secure the benefits of gender diversity to our students and the world, we have decided to act. Only by dramatically increasing the representation of women in top computer science programs can we hope to break down the old barriers and stereotypes and created an environment that is truly and equally open to all aspirants." Because female applicants make up only 23% of Michigan's applicant pool, some of the female students admitted under this new policy had slightly lower grades and test scores than male students who were rejected. Alejandro Alvarez is an aspiring computer scientist whose application to Michigan was rejected. His undergraduate grades and test scores were better than those of some female students admitted to the program but worse than those of other female applicants who were also rejected. Upset at this perceived unequal treatment Alvarez filed suit challenging Michigan's gender-quota system as a violation of the Equal Protection Clause. Is his suit likely to succeed?

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