Does the state have a “compelling interest” in affirmative action programs?

Does the state have a “compelling interest” in affirmative action programs? why or why not? (Should state institutions be allowed to use AA?)

question 2 After focusing on due process cases, especially those related to law enforcement, consider how the Courts have been viewed by interest groups and civil liberties/ civil rights activists as the most responsive venue for policy change. Does the Federal Judiciary appear to remain the best venue to protect or enhance civil rights and liberties or are we at a point where there is a better venue (i.e. Congress, the president, state legislatures, etc), why? 

question 3 Do you have faith in the Federal Judiciary and its processes for interpreting the Constitution and creating case law? This could include anything including appointments, judicial philosophies, judicial standards (such as strict scrutiny or the Lemon test), the willingness of the Court to address certain issues (think granting cert, mootness, seperation of powers and political questions). Whatever seems most relevant to you.