INFLUENCING BAKKE: A QUALITATIVE CONTENT ANALYSIS OF HIGHER EDUCATION’S AMICUS BRIEFS

Abstract

Institutions of higher education came to the defense of affirmative action through their submission of amicus curiae briefs in Regents of the University of California v. Bakke (1978). While the Bakke case, affirmative action, and amicus curiae briefs have been studied extensively in their own right, there is little literature available that explores the intersection of the three and none that contextualizes higher education’s depiction of mission within the briefs. This gap in the literature limits our understanding of higher education’s influence on affirmative action rulings. At a time when diversity initiatives are under constant attack, it is essential to understand how the academy has chosen to present its interest in diversity to best inform future efforts. Of the 57 briefs filed to the U.S. Supreme Court during the Bakke case, 13 were submitted directly or indirectly by the academy. All 13 favored the University of California’s support of affirmative action. Through this study, the author used qualitative content analysis to explore how members of the academy presented affirmative action as part of their mission and uncover the underlying ideology within the briefs. The conventional approach allowed themes to emerge directly from the text. These themes were then analyzed using Critical Race Theory. The findings of this study revealed that while different institutions approached their presentation of mission to the Court, all centered Whiteness within their briefs. The writers of the briefs primarily presented diversity in education as good, but most did so by explaining how its pursuit was of benefit to the majority. Likewise, those with an expressed mission to educate all largely failed to explore their own role within the historical context, which necessitated affirmative action in the first place. The amici’s presentation of self to the Court also centered Whiteness. Black-serving institutions highlighted their service to society at large. They illustrated their value through White systems, and the most privileged or elite of the amici presented little in their brief, rightfully assuming the Court already valued their words.