ABSTRACT
In this chapter, we explore our final issue area with regard to federal court policymaking: educational affirmative action. The issue of affirmative action raises a complex set of considerations which all serve to illuminate the central role of the courts in this issue arena. First, affirmative action programs stem from the courts’ equity power. When a party alleges that he or she has been harmed, if the court finds a violation has occurred, the court has the power to issue a remedy. The court’s remedy will focus on making the injured party “whole” again; thus, if a driver is found responsible for an accident, the court will likely order that driver to pay the other driver(s) whatever amount is necessary for their cars to be properly fixed. Remedies can also be issued when discriminatory treatment occurs. In such cases, the court can order the responsible party to take some action to right the alleged harm.
