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Affirmative action's evolution	csmonitor.com Page 1 of 3

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from the March 28, 2003 edition - http://www.csmonitor.com/2003/0328/p01s01-usju.html

Affirmative action's evolution

How the debate has changed since 1970's.

By Warren Richey	Staff writer of The Christian Science Monitor

Twenty-five years ago when the US Supreme Court issued its landmark affirmative-action decision in the Bakke case, Justice Thurgood Marshall wrote a separate opinion arguing for the necessity of using racial classifications to remedy historic discrimination against blacks.

He lost that fight by one vote, with only four of the nine justices agreeing that the Constitution permits the use of racial quotas and set-asides in such circumstances.

From that moment, the debate over affirmative-action shifted in a fundamental way. Rather than black-white equality, the goal became diversity. Rather than empowering racial groups, the idea was to empower individuals.

Critics said it wouldn't be enough to free the African-American community from the shackles of generations of racism and discrimination.

One of the most powerful parts of the dissenting portion of Justice Marshall's opinion in Bakke is a 206-word description of the state of black America in the late 1970s.

Now, as the nation's highest court prepares to take up Tuesday the constitutionality of affirmative action in admissions programs at the University of Michigan, Marshall's report card on equality in America offers an opportunity to gauge the progress (or lack thereof) made in the quarter century since the court last debated the issue.

"The position of [blacks] today in America is the tragic but inevitable consequence of centuries of unequal treatment," Marshall wrote in June 1978. "Measured by any benchmark of comfort or achievement, meaningful equality remains a distant dream."

Marshall cited US Census and US Labor Department data in seven categories, including the percent of black representation in five elite professions.

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Here are Marshall's findings, updated with the most recent comparable statistics:

• In 1978, the life expectancy of a black child was five years shorter than that of a white child. Today it is six years shorter.

• Twenty-five years ago, a black child's mother was three times as likely to die of complications during childbirth as a white mother. Today she is 3-1/2 times as likely to die during childbirth.

• The infant mortality rates for blacks was twice that for whites. Today it is slightly more than twice.

• In 1978, four times as many black families lived with incomes below the poverty line as white families. Today, that ratio remains unchanged.