The University of Texas Austin was Abigail Fisher's dream school. Fisher, from Sugar Land, Texas, a wealthy Houston suburb, earned a 3.59 GPA in high school and scored an 1180 on the SATs.
Not bad, but not enough for the highly selective UT Austin in fall 2008; Fisher's dreams were dashed when she was denied admission.
In response, Fisher sued. Her argument? That applicants of color, whose racial backgrounds were included as a component of the university's holistic review process, were less-qualified students and had displaced her.
Students graduating in the top 10 percent of any Texas high school are granted an automatic spot at UT Austin. Other students are evaluated through a holistic review process including a race-blind review of essays and creating a personal achievement score based on leadership potential, honors and awards, work experience, and special circumstances that include socioeconomic considerations such as race.
A few are accepted through provisional slots that include attending a summer program prior to the fall. One black student, four Latino students, and 42 white students with lower scores than Fisher were accepted under these terms. Also rejected were 168 African-American and Latino students with better scores than Fisher.
According to court documents,even if Fisher had received a perfect personal achievement score that included race (which, in itself, oversimplifies the admissions process), she still would not have necessarily qualifiedunder UT's admission rubric.
In fact, when she applied for the class of 2012, the admission rate for non-automatic admits was more competitive than that of Harvard University.
Nonetheless, Fisher spent the past seven years in court, and Thursday the US Supreme Court ruled 4-3 that UT's admissions policy procedures are constitutional.
But the battle to erase race from the application review process for admission comes with an interesting paradox: "The primary beneficiaries of affirmative action have been Euro-American women," wrote Columbia University law professor Kimberlé Crenshaw for the University of Michigan Law Review in 2006.
A 1995 report by the California Senate Government Organization Committee found that white women held a majority of managerial jobs (57,250) compared with African Americans (10,500), Latinos (19,000), and Asian Americans (24,600) after the first two decades of affirmative action in the private sector. In 2015, a disproportionate representation of white women business owners set off concerns that New York state would not be able to bridge a racial gap among public contractors.
A 1995 report by the Department of Labor found that 6 million women overall had advances at their job that would not have been possible without affirmative action. The percentage of women physicians tripled between 1970 and 2002, from 7.6 percent to 25.2 percent, and in 2009 women were receiving a majority of bachelor's, master's, and doctoral degrees, according to the American Association of University Women. To be clear, these numbers include women of all races; however, breaking down affirmative action beneficiaries by race and gender seems to be rare in reported data.
Contrary to popular belief, affirmative action isn't just black. It's white, too. But affirmative action's white female faces are rarely at the center of the conversation.
Gender was a blind spot in the original affirmative action policy
Sex discrimination protections were not included when affirmative action policy was initially institutionalized in the 1960s.
The National Labor Relations Act in 1935 was one of the first federal documents to use the term "affirmative action" to correct unfair labor practices. While the Public Works Administration temporarily followed racially proportional hiring practices (which were dismantled at the end of World War II), it wasn't until President John F. Kennedy issued an executive order in 1961 requiring affirmative action to counter employment discrimination among federal contractors, with specific attention to race, that affirmative action was institutionalized.
In some ways, the narrow focus on "race" and "color" was the government's response to the demands of the burgeoning civil rights movement that brought racial discrimination front and center in America.
However, affirmative action was ambiguous, referring, at the very least, to federal contractors taking a step or gesture in opposition of discriminating against groups of people, but one of the limits of the order was that penalties were not enforceable.
Kennedy created a President's Committee on Equal Employment Opportunity to monitor the order, chaired by then–Vice President Lyndon B. Johnson.
However, it was not until October 1967, following pressure from the surging Women's Movement, that President Johnson amended an earlier order to include gender provisions. Further actions would be taken in 1973 and 1974 to address anti-discrimination protections for people with disabilities and Vietnam veterans, respectively.
White women have become some of affirmative action's fiercest opponents
In general, women today are more educated and make up more of the workforce than ever before, in part because of affirmative action policies. Indeed, from the tech industry to publishing, diversity has emerged as an overwhelming increase in the presence of white women, not necessarily people of color.
Incidentally, over the years white women have become some of affirmative action's most ardent opponents.
According to the 2014 Cooperative Congressional Election Study, nearly 70 percent of the 20,694 self-identified non-Hispanic white women surveyed either somewhat or strongly opposed affirmative action.
White women have also been the primary plaintiffs in the major Supreme Court affirmative action cases, with the exception of the first — Regents of the University of California v. Bakke in 1978 — that was brought to the courts by a white man.
Twenty-five years after Bakke found that race can be one but not the only criterion for evaluating admissions applications, four white women have filed lawsuits seeking retribution for admissions rejections based on the premise that they were denied a spot over less-deserving students of color.
The first successful case to challenge affirmative action policy was Hopwood v. Texasin 1996. Cheryl Hopwood claimed that despite excellent scores and fitting the profile of a surefire admit, the University of Texas School of Lawadmitted 62 people of color, only nine of whom had better LSAT and GPA scores than she did.
The Fifth Circuit Court of Appeals ruled that diversity alone was not enough to justify racial preferences. For example, only Mexican-American and African-American students' racial backgrounds were taken into consideration at UT's law school. The Supreme Court refused to hear the case, but the decision dismantled UT's earlier racial affirmative action policy and catalyzed UT's 10 percent policy to admit the best students in a state that still suffers from de factosegregation according to UT's Supreme Court briefs for the Fisher case.
But in 2003, two other white women approached the Court in parallel cases citing a misuse of race in admissions policies. In Grutter v.Bollinger, Barbara Grutterargued that she was denied admission to the University of Michigan Law School as a direct result of the law school's consideration of race in the admissions process. In Gratz v. Bollinger, Jennifer Gratz argued similarly that she was denied acceptance to the University of Michigan's flagship university in Ann Arbor as an undergrad because of race.
The Supreme Court decisions were splitbetween the two cases. In Gratz, the justices ruled that race was being valued in ways that violated the Constitution's Equal Protection Clause — students received 20 points if they were from an underrepresented racial group compared with 5 points for artistic achievement. However, the justices ruled in Grutter that there was nothing unconstitutional about the way race was included in the law school's holistic admissions policy.
The primary distinction between the two decisions had to do with the weight given to race in affirmative action admissions policies. Nonetheless, Justice Sandra Day O'Connor had high hopes for such programs.
"We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today," O'Connorwrote for the majority in Grutter.
Justice Anthony Kennedy, while recognizing the University's complex policy, reiterated O'Connor's sentiments in Fisher.
"The Court's affirmance of the University's admissions policy today does not necessarily mean the University may rely on that same policy without refinement," Kennedy wrote for the majority opinion. "It is the University's ongoing obligation to engage in constant deliberation and continued reflection regarding its admission policies."
Racial affirmative action doesn't undermine merit
"I'm hoping that they'll completely take race out of the issue in terms of admissions and that everyone will be able to get into any school that they want no matter what race they are but solely based on their merit and they work hard for it," Fisher told the New York Times in 2012.
But does race inherently undermine an admit's qualifications?
The question itself is dubious considering the fact that other forms of affirmative action, including gender, are rarely mentioned. The aforementioned CCES survey, which only asked about racial affirmative action, is just one example.
Yet it's a widespread assumption that even Justice Antonin Scalia brought to the fore last December during oral arguments for the Fisher case. He asserted that affirmative action hurts African-American students by putting them in elite institutions they are not prepared for. Study after study shows there's simply no evidence for the claim.
A look at the effects of affirmative action bans also suggests the idea is based on a false dichotomy. Since California passed Prop 209 in 1996 barring racial considerations for college admissions at public universities, UC Berkeley witnessed a significant drop in the number of black students, from 8 percent pre–Prop 209 to an average of 3.6 percent of the freshman class from 2006 to 2010.
But that drop isn't necessarily tied to underqualified students of color. Rather, 58 percent of black students admitted from 2006 to 2010 rejected Berkeley's offer of admission. Alumni, administrators, and current students noted that a possible reason could be a feeling of isolation, or lack of other students of color, at UC's flagship campus — an ironic consequence of the affirmative action ban.
Asian-American applicants also challenge the colorblind meritocracy myth. According to a sociological study in 2009, white applicants were three times more likely to be admitted to selective schools than Asian applicants with the exact same academic record. And a 2013 survey found that white adults in California deemphasize the importance of test scores when Asian Americans, whose average test scores are higher than white students, are considered.
Furthermore, existing race-neutral admissions policies like legacy admissions show that taking race out of the equation doesn't make admissions processes any more just.
According to a 2011 study by the Chronicle of Higher Education, a review of 30 elite universities' admissions processes found that a legacy connection gave an applicant a 23.3 percentage point advantage over a non-legacy applicant. For applicants who had a parent who was an alum, the average advantage was 45.5 percentage points.
Many college campuses, however, have historically had predominantly white student bodies — 84 percent of college students in the USwere white in 1976 compared with only 60 percent in 2012 — which makes it far more likely that the beneficiaries of legacy admissions practices are white applicants like Fisher, whose sister and father went to UT Austin.
Fisher advocated for a colorblind, meritocratic admissions process for which she, as an individual, may still not have been qualified. But a look at the marginalized group that has most benefited from affirmative action shows that race was never a barrier for that group to begin with.
White women, like Fisher, stand as a testament to affirmative action's success. If anything, the dismantling of affirmative action is launched at people of color, but it affects white women, too. And the willingness to erase them from the story is part of the problem.
In this Storystream
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There is no part of the ACT more mysterious to students than the essay, and very few people seem to know what exactly the ACT is looking for in a "perfect" essay (particularly since September 2015 was the new ACT Writing test's debut). Luckily, we've got the expertise to give you some insight into how the essay works and what you can do to push your score those extra few points up the scale.
Whether you're trying to impress your dream school or just want to boost your ACT score, the essay is a great thing to work on. Some of the tips below stand alone, while others are part of larger categories that have been assembled based our ACT expertise.
Important: If you haven't read our other ACT Writing guides before, take a minute and read them now:
The ACT Writing Rubric: Analysis, Explanation, and Strategies
How to Write an ACT Essay, Step by Step
This will make the rest of the article make more sense.
Part I: What a 12 on the ACT Essay Means
If you're already scoring an 8 or above in every domain on practice (or real) ACT essays, you have a shot at completely nailing what the graders want, represented by a score of 12, with a little practice. But there's something important to remember in your quest for perfection: on the ACT essay, a 12 is not always achievable. We've got good news and bad news for those of you who are determined to know how to get a 12 on the ACT essay.
NOTE: For students who took the ACT Writing test from September 2015 - June 2016, ACT essays were scored on a scale of 1-36 (calculated by adding all your domain scores together and then scaling them). Starting September 2016, however, the ACT essay is now scored by averaging all four domain scores, on a scale of 2-12.
The Big Secret
You'll have to practice this. The perfect ACT essay is like a puzzle that happens to be in writing form—it can be mastered, but to do it well and completely every time requires a few month's practice. Knowing how to write other kinds of essays will only help you a limited amount.
The Bad News
Because the whole essay must be written in 40 minutes, getting a 12 requires some luck. You have to pick a thesis and think of relevant and convincing evidence to support it before you can even start writing, so a lot depends on how quickly you can decided on a point of view and relevant support for whatever the prompt happens to be. And because perfect-scoring essays are almost always at least two pages long, you don't have any time to spare.
The Good News
Because the essay is so formulaic, it's always possible to get at least a 10 in each domain. And, on top of this, no college worth its salt is going to base your college admission on getting those last two points on an essay you had to write in 40 minutes. The goal, really, is to show that you can write a decent essay in that time, and a 10 in each domain shows that just as well as a 12 does.
Part II: The Difference between a 10 and a 12
If we asked the ACT what the difference is between a 10 and a 12 ACT essay, they would direct us to their scoring criteria below that describes the difference between the 5 and 6 essay scores in each domain. As you may already know, a total domain score of 12 comes from two readers separately giving your essay a 6; the four domain scores are then averaged to calculate your total essay score of 12. We've marked the differences between the 5 and 6 criteria in bold. Later, we'll look at these differences in the context of a sample essay.
|Score of 5 (10)||Score of 6 (12)||Major Differences|
|Responses at this scorepoint demonstrate well-developed skill in writing an argumentative essay.||Responses at this scorepoint demonstrate effective skill in writing an argumentative essay.|
|Ideas and Analysis||The writer generates an argument that productively engages with multiple perspectives on the given issue. The argument’s thesis reflects precision in thought and purpose. The argument establishes and employs a thoughtful context for analysis of the issue and its perspectives. The analysis addresses implications, complexities and tensions, and/or underlying values and assumptions.||The writer generates an argument that critically engages with multiple perspectives on the given issue. The argument’s thesis reflects nuance and precision in thought and purpose. The argument establishes and employs an insightful context for analysis of the issue and its perspectives. The analysis examines implications, complexities and tensions, and/or underlying values and assumptions.|
The 6 essay gives a more specific and logically precise context. The thesis and argument show a deep understanding of the issue, while the analysis not only mentions, but also inspects the complexities and implications of the issue.
|Development and Support||Development of ideas and support for claims deepen understanding. A mostly integrated line of purposeful reasoning and illustration capably conveys the significance of the argument. Qualifications and complications enrich ideas and analysis.||Development of ideas and support for claims deepen insight and broaden context. An integrated line of skillful reasoning and illustration effectively conveys the significance of the argument. Qualifications and complications enrich and bolster ideas and analysis.||The 6 essays develops its ideas and support for those ideas more thoroughly and examines the implications of the ideas and support in a larger context. In addition, the complexity of the discussion for each examples strengthens the essay's argument and the analysis of the issue at hand.|
|Organization||The response exhibits a productive organizational strategy. The response is mostly unified by a controlling idea or purpose, and a logical sequencing of ideas contributes to the effectiveness of the argument. Transitions between and within paragraphs consistently clarify the relationships among ideas.||The response exhibits a skillful organizational strategy. The response is unified by a controlling idea or purpose, and a logical progression of ideas increases the effectiveness of the writer’s argument. Transitions between and within paragraphs strengthen the relationships among ideas.||The 6 essay is organized to enhance the logic and strength of the writer's argument, whereas the 5 essay is only organized clearly.|
|Language Use||The use of language works in service of the argument. Word choice is precise. Sentence structures are clear and varied often. Stylistic and register choices, including voice and tone, are purposeful and productive. While minor errors in grammar, usage, and mechanics may be present, they do not impede understanding.||The use of language enhances the argument. Word choice is skillful and precise. Sentence structures are consistently varied and clear. Stylistic and register choices, including voice and tone, are strategic and effective. While a few minor errors in grammar, usage, and mechanics may be present, they do not impede understanding.||The 6 essay is written extremely well, whereas the 5 essay is written pretty well. This means getting creative and using advanced vocabulary appropriately if you want a 6.|
Part III: Applying the Criteria in a Real ACT Essay Example
Now we'll look at a sample essay and how it demonstrates the characteristics of the 6 essay above. First, let's look at the prompt:
Many of the goods and services we depend on daily are now supplied by intelligent, automated machines rather than human beings. Robots build cars and other goods on assembly lines, where once there were human workers. Many of our phone conversations are now conducted not with people but with sophisticated technologies. We can now buy goods at a variety of stores without the help of a human cashier. Automation is generally seen as a sign of progress, but what is lost when we replace humans with machines? Given the accelerating variety and prevalence of intelligent machines, it is worth examining the implications and meaning of their presence in our lives.
Perspective One: What we lose with the replacement of people by machines is some part of our own humanity. Even our mundane daily encounters no longer require from us basic courtesy, respect, and tolerance for other people.
Perspective Two: Machines are good at low-skill, repetitive jobs, and at high-speed, extremely precise jobs. In both cases they work better than humans. This efficiency leads to a more prosperous and progressive world for everyone.
Perspective Three: Intelligent machines challenge our long-standing ideas about what humans are or can be. This is good because it pushes both humans and machines toward new, unimagined possibilities.
Write a unified, coherent essay about the increasing presence of intelligent machines.
Now, read the ACT essay example below, and try to notice how it meets the criteria in the table above.
From the simplest system of pulleys and ropes to the most complex supercomputer in the world today, machines have had (and continue to have) a profound influence on the development of humanity. Whether it is taking over monotonous, low-skill tasks or removing that messy “human” element from our day-to-day interactions, machines have answered the call to duty. The increasing prevalence of intelligent machines challenges us to change long held beliefs about our limitations and to continue forward to new and even more advanced possibilities.
One common argument against the increased presence of machines in our day to day lives is that machines leach from us our basic humanity. Indeed, certain people whose only social interactions are anonymous text-based conversations with other anonymous Internet forum dwellers over computers may begin to lose basic human courtesy and empathy. This is crystal clear with a glance at the comments section of any popular news article. Yet machines are also capable of enhancing people’s abilities to communicate. An example of this can be found in Tod Machover’s lab at MIT, where breakthroughs in neurotechnology have made it possible for quadripalegics to manipulate text on computers with their minds. Such interactions would be impossible without the existence of intelligent machines. Therefore, I must disagree with Perspective one. Rather than losing part of our own humanity to machines, we instead make that most-essential-to-humanity of acts, communication, possible.
Another school of thought (Perspective Two) argues that machines are good at how and high skill repetitive jobs, which leads to a more prosperous and progressive world for everyone. This can be seen in the human work hours that are saved daily with automated phone menus. Before intelligent machines made automatic telephone menus possible, every customer service call ate up valuable employee time. Now, menus allow callers to choose the number that best suits their needs, routing calls to appropriate destinations without the need for human employees to waste time explaining for the hundredth time that “our business hours are 10am-6pm.” On the other hand, no mechanized system of this kind is perfect, because it can’t predict all future outcomes. In terms of automated telephone menus, this means that sometimes, no menu options are correct. While automated systems may take the burden off of human workers, it is a mistake to think that they can replace humans entirely. Why else would the last line of resort for most automated phone menus be “Dial “0” to speak to an operator/customer service representative?” Perspective Two is true, but it only goes so far.
A final example will demonstrate how intelligent machines challenge longstanding ideas and push us towards new, unimagined possibilities (perspective three). At my high school, all students had to take diagnostic tests in every main subject to figure out our strengths and weaknesses, and we were then sorted into class by skill level. A truly remarkable pattern emerged as a result of this sorting: it turned out that every kid in my medium-level physics class was also a talented musician. The system that sorted us allowed us to find this underlying pattern, which changed the way our teachers taught us; we learned about mechanics through examples that were more relevant to our lives (answering questions like “how many pulleys are needed to lift a piano?”), which in turn made our classes both more enjoyable and also more effective. When before I had struggled with physics and simply assumed it was a subject I “wasn’t good at,” the intelligent, automated sorting system allowed me to discover that I could in fact understand mechanics if taught in the right way. This discovery pushed me toward previously unimagined academic possibilities.
In conclusion, intelligent machines help us to move forward as a species to greater heights. While machines can cause problems and may in some cases need human input to function optimally, it is how we react and adapt to the machines that is the real takeaway.
This was a real essay written by me within the time limit. What do you think?
Now let's look at an annotated version of this ACT essay example that points out the essay's features.
What Makes This ACT Essay a 12, Rather Than an 8 or 10?
|Major Differences between a 5 and a 6 Essay (from table above)||Sample Essay|
|Ideas and Analysis||The 6 essay gives a more specific and logically precise context. The thesis and argument show a deep understanding of the issue, while the analysis not only mentions, but also inspects the complexities and implications of the issue.|
> The author clearly states her perspective and compares it to two other given perspectives, presenting both positive and negative aspects of the two perspectives she does not entirely agree with: "One common argument against the increased presence of machines in our day to day lives is that machines leach from us our basic humanity...Yet machines are also capable of enhancing people’s abilities to communicate."
|Development and Support||The 6 essays develops its ideas and support for those ideas more thoroughly and examines the implications of the ideas and support in a larger context. In addition, the complexity of the discussion for each examples strengthens the essay's argument and the analysis of the issue at hand.|
> The author gives both general statements... "Rather than losing part of our own humanity to machines, we instead make that most-essential-to-humanity of acts, communication, possible."
> ...and specific examples that discuss both sides of the perspectives: "...certain people whose only social interactions are anonymous text-based conversations with other anonymous Internet forum dwellers over computers may begin to lose basic human courtesy and empathy...[on the other hand,] breakthroughs in neurotechnology have made it possible for quadripalegics to manipulate text on computers with their minds."
|Organization||The 6 essay is organized to enhance the logic and strength of the writer's argument, whereas the 5 essay is only organized clearly.|
> The essay begins (after the introduction paragraph) by addressing opposing views and discussing their strengths and their limits.
> Then it goes on in paragraphs 4 to explain a final reason why intelligent machines challenge ideas about humanity and push us towards new possibilities.
|Use of Language||The 6 essay is written extremely well, whereas the 5 essay is written pretty well. This means getting creative and using advanced vocabulary appropriately if you want a 6.|
> The "advanced" vocabulary is highlighted in blue.
> Sentence structure is varied, like here: "On the other hand, no mechanized system of this kind is perfect, because it can’t predict all future outcomes. In terms of automated telephone menus, this means that sometimes, no menu options are correct. While automated systems may take the burden off of human workers, it is a mistake to think that they can replace humans entirely. Why else would the last line of resort for most automated phone menus be “Dial “0” to speak to an operator/customer service representative?”"
Considerations That Aren't Included in the ACT's Published Guidelines
The essay is long enough to analyze and compare the author's perspective to other perspectives in a nuanced way (1 positive example for each perspective with an addition negative example comparing the 2 perspectives the author disagreed to her own perspective) and include an introductory paragraph and a conclusion. While ACT, Inc. doesn't acknowledge that length is a factor in scoring ACT essays, most experts agree that it is. But length means nothing if there isn't valuable information filling the space, so long ACT essays also need to be detailed—this author uses the space to give lots of analysis of and context for her examples.
You may have noticed that the essay is broken up into multiple paragraphs (into the standard 5-paragraph format, in fact). This makes the essay easier to read, especially for the ACT readers who have about 2-3 minutes to read (and score!) each essay. If your points can easily be split up into small parts, then it makes sense to split it up into even more paragraphs, as long as your essay's organization and logical progression remains clear.
Content and Examples
This essay uses a personal example, which may or may not be made up (spoiler alert: it is). But the point is that it could be made up, as can anything you use in your essay. Being able to think of examples (that are not TOO obviously made up) can give you a huge advantage on the ACT essay.
Do's and Don'ts for a 12 ACT Essay
The key to a perfect score on the ACT essay is to use every second of your time wisely. To this end, here are a few tips to avoid common time-wasters and put your energy where it will get you the most points.
DO spend time:
1. Writing as much as you can without including repetitive or irrelevant information
2. Revising the first and last paragraphs (they stand out in readers' minds)
3. Making sure you have transitions
DON'T spend time:
1. Thinking of 'smart' sounding evidence— examples from your own life (or made up about your own life) are just as viable as current events, as long as you keep your example focused and concise
2. Trying to correct every error—the grammar and spelling do not have to be perfect to score a 12 in the Language Use domain
3. Adding as many vocabulary words as you can—you only need enough to avoid repeating the same basic words or phrases multiple times; you'll max out fancy vocab's potential at 2 words per paragraph
How To Practice Your Writing To Get A Perfect 12 In Each Domain
- Start with our list of ACT essay prompts.
- Create a list of evidence examples—from literature, history, or personal experience—that you can use for many or most prompt arguments.
- Practice first with extended time—50 minutes—so you can get an idea of what it takes to get a top-scoring essay.
- Find a way to grade your essay, using the ACT Writing Rubric. If you can be objective about your writing, you can notice weak spots, especially if you ran out of time but know what to do. Otherwise, try to get help from an English teacher or a friend who's a better writer than you are.
- Start narrowing the time down to 40 minutes to mirror the actual test.
- Stay confident! The ACT essay is just like a puzzle—every time you do one, you get better at doing it.
Find out more about how to write an ACT essay with this step-by-step example.
Use our analysis of the ACT Writing Rubric to learn about how your essay will be scored - and discover strategies you can use to get the score you want.
Want to aim for perfection on the ACT with a 36?Read our guide on how to score a perfect ACT score, written by our resident 36 scorer.
Make sure your ACT score is high enough for the schools you want to apply to. Find out how to find your ACT target score.
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