The Racial Mascot Speaks: A critical race discourse analysis of Asian Americans and Fisher vs. University of Texas

The language and rhetoric of affirmative action

“…As more research is conducted into amicus briefs and specifically affirmative action briefs, this study attempted to fill a gap in the meso-level of analysis. The recent publication of high-quality critical discourse analyses of by Goldstein Hode and Meisenbach (2017) and Poon and Segoshi (2018) offer intensive examinations of segments of the amici corpus while large-scale analyses of the entire amicus network continue to provide more insight into how interest groups shape jurisprudence across all domains. Further, as more research is being done into structural characteristics of the amici network or how extra-legal sources are included in briefs (Garces, Marin Horn, 2017;, this study lays the foundation for a supplementary method of examining latent ties between stakeholders, endogenous to the briefs themselves and publicly available.…”

“…The following research questions will guide this analysis: within the dataset to emerge that may otherwise be lost to the human eye. To be sure, traditional qualitative analyses, particularly those applying critical discourse analysis methodologies (like Goldstein Hode and Meisenbach, 2017, and Poon & Segoshi, 2018) make invaluable contributions to the affirmative action amicus brief literature. This study is designed to offer another view of the data, pose additional questions to the field, and support amici as the legal battles over affirmative action's place in higher education admissions continue.…”

“…Given the dramatic differences between this case and previous challenges to affirmative action admissions policies, the amicus network must be prepared to strategically engage with this case. Recent work by Poon and Segoshi (2018) highlights the many challenges faced by the self-adopted and prescribed roles of Asian Americans in the affirmative action debate. The use of Asian Americans as "racial mascots"-essentially non-White victims of affirmative action to be the face of claims of discrimination-by those opposed to affirmative action is not a new phenomenon (Allred, 2007;Nakanishi, 1989).…”

“…The use of Asian Americans as "racial mascots"-essentially non-White victims of affirmative action to be the face of claims of discrimination-by those opposed to affirmative action is not a new phenomenon (Allred, 2007;Nakanishi, 1989). Alternatively, the evolving racial context for Asian Americans in higher education often sees little inclusion of AAPIs in arguments supporting affirmative action (Poon & Segoshi, 2018).…”

“…It is by no means a coincidence that the cases now working their way through the court system are targeting Asian Americans. Mainstream pro-affirmative action amici have traditionally avoided discussing the complex context of Asian Americans in race-conscious policies (Poon & Segoshi, 2018). This legal strategy relies on misinformation and misunderstanding amongst policymakers and the public on perceptions of affirmative action in the Asian American community (Garces & Poon, 2018).…”