#34 "Affirmative Action"

Media: Episode Recording -- "Affirmative Action"; Episode Preview -- "Affirmative Action"

Podcast Teaser Trailer: Episode Preview -- "Affirmative Action"
Link to Podcast: Episode Recording -- "Affirmative Action"
Episode Number: Students Podcasting History Episode #34
Episode Title: #34 "Affirmative Action"
Episode Introduction: This podcast explores affirmative action within the broader field of civil rights, legal philosophy, and American historical discourse. For decades, scholars and legal thinkers have debated whether affirmative action achieves its goal of creating a more equal society or simply replaces one form of discrimination with another. A foundational critique comes from Alan H. Goldman, who in his 1976 essay "Affirmative Action" questioned the consistency and practical effectiveness of such policies. Goldman argued that while the intent of affirmative action was morally sound, its execution often conflicted with its stated goals, making the policy vulnerable to legal and philosophical scrutiny. His and others' concerns laid the groundwork for much of the debate that followed. This podcast builds on that ongoing debate by examining the historical origins, philosophical critiques, and recent Supreme Court rulings that have reshaped affirmative action in the 21st century. Using a range of research methods—including class lectures and notes from Sewanee, academic sources accessed through JSTOR, materials from the university library, and media analysis such as KQED’s Above the Noise YouTube series—I take a balanced and insightful approach to the topic of affirmative action. By weaving together historical context, primary source analysis, and contemporary reactions, this episode aims to offer a clearer understanding of how affirmative action has performed and what some believe its rollback says about America today.
Hosted By: Phillip Ryan
Host Biography: I'm a student at Sewanee: The University of the South, where I’m proud to be both an athlete on the basketball team and a passionate student of American history. My interest in
history goes beyond the classroom; I've always been fascinated by how our country has wrestled with concepts like justice, freedom, and equality. These are more than just ideas to me, they are central to the way I want to live my life and shape my future. One of the biggest influences in my life has been my father, who is a lawyer. Watching him work and seeing how the law can be used to make real change inspired me to follow in his
footsteps. My goal is to become a lawyer myself, and not someone who understands just the legal system, but the historical forces that have shaped it. This podcast project is a reflection of everything I care about. It’s a chance for me to
combine my love of history with my desire to spark meaningful conversations around complex issues like affirmative action. As a student-athlete, a future law student, and someone who cares deeply about fairness, this project represents the kind of critical thinking and advocacy I want to bring to my future career.
The Show: Hello, I'm Phillips and welcome to Podcasting History, where we will dive into the significant and often contentious topic of affirmative action. First off, what does affirmative action mean? Affirmative action refers to policies and practices designed to promote equal opportunity in education and employment, particularly for historically marginalized groups like racial minorities and women. At its peak, it was applied from college admissions all the way to job applications. Affirmative action got its start during the civil rights movement in the 1960s as a response to the ongoing discrimination and inequality that groups like African Americans faced. Following this, several executive orders were issued to establish affirmative action programs aimed at actively recruiting and hiring underrepresented individuals, the main one being Executive Order 11246 signed by President Lyndon B. Johnson in 1965. According to Honigman, this order required certain federal contractors and subcontractors with at least 50 employees and $50,000 in contracts to implement affirmative action plans to prevent employment discrimination. This meant that individuals who had been mistreated and discriminated against for so long could now have a fairer chance at education and employment in America. To set the stage for affirmative action, the civil rights movement of the 1960s saw America witness a profound struggle against racial injustice and inequality. Iconic leaders like Dr. Martin Luther King Jr. emerged at the forefront, advocating for nonviolent protests and equality. Dr. King's vision of a society where individuals are judged by the content of their character rather than the color of their skin became a rallying cry for millions. Unfortunately, this fight was met with strong resistance, with Alabama Governor George Wallace standing as a figurehead for millions of white conservative Americans pushing segregation. As the civil rights movement gained strength in the South, Wallace made his infamous stance with the phrase, "segregation now, segregation tomorrow, segregation forever," showing the fierce opposition civil rights advocates faced, often involving violence. In response to this climate of opposition, President Johnson highlighted the importance of affirmative action as a way to not only fix past injustices but also address the ongoing resistance to racial equality threatening to undermine progress. Now, looking at the life of affirmative action, how did it perform? To find this out, we dive into multiple sources, the first being Alan H. Goldman's 1976 essay titled "Affirmative Action." Goldman viewed affirmative action as a morally positive idea but questioned its effectiveness, stating, "If the goals are designed to simply end discrimination and provide equality of opportunity, then the goals and timetables seem inconsistent in concept and even more so in practice." He acknowledged that while the goals were noble, the quotas and implementation could unintentionally reproduce discrimination—the very issue it aimed to eliminate. Looking at a source with a different view, Amanda Odis-Kessler’s 2024 book Cultural Processes of Inequality: A Sociological Perspective discusses affirmative action briefly but powerfully. In her chapter "Mattering and Equality as a Differential Evaluation," Kessler argues that by striking down affirmative action, the Supreme Court revealed whose lives are truly valued, stating, "They showed us how much they value white over Black and Brown students." Her argument pushes the idea that recent decisions by the Supreme Court demonstrate a broader resistance to racial equality and civil rights gains. To help break down the complexities of affirmative action, I also turned to KQED’s Above the Noise YouTube series in the episode titled "Is Affirmative Action Fair?" The narrator explains that affirmative action is meant to level the playing field for underrepresented groups, but acknowledges critics who argue it can unfairly prioritize race over merit. This brings up the crucial question: in trying to create equality, do we risk creating new exclusions? Taking a step back, we now look at the striking down of affirmative action through the Supreme Court case on June 29, 2023. The Court ruled against race-based affirmative action in college admissions, deciding that it violated the Equal Protection Clause of the Fourteenth Amendment. The cases involving Harvard University and the University of North Carolina were brought by Students for Fair Admissions. The conservative majority argued that admissions should be based solely on merit and individual experiences rather than race. Chief Justice John Roberts wrote that such policies lacked measurable objectives, while Justice Clarence Thomas criticized affirmative action as "rudderless, race-based preferences" aimed at ensuring a specific racial mix. On the other side, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson strongly dissented. Justice Jackson, in particular, argued that the majority had detached themselves from the reality of America’s past and present racial inequalities, emphasizing that race has historically affected opportunity and that affirmative action was one attempt to correct that injustice. As we have explored, affirmative action has long stood as a tool for addressing deep-rooted inequalities in American society. From its foundations in the civil rights movement to its legal reinforcement through executive orders and landmark legislation, affirmative action represented a proactive step toward achieving equality. Yet, as seen through critiques and the 2023 Supreme Court decision, the policy has always faced scrutiny over its fairness, consistency, and impact. After this review, I can conclude that affirmative action was very important because it represented America’s attempt to level the playing field. However, in practice, affirmative action was unable to produce the true results needed to fully level opportunity in America, and while I do not know the exact solution, I can confidently say that affirmative action was sadly unable to fully fix this problem.