Race in university admissions will once again take center stage in the United States’ highest court Wednesday, when it starts hearing a case by a white student denied a spot at the main campus of the University of Texas.
The U.S. Supreme Court returns to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions. This time around, a more conservative court is being asked to outlaw the use of Texas’ affirmative action plan and possibly to jettison the earlier ruling entirely.
The justices will be looking at the University of Texas program that is used to help fill the last quarter or so of its incoming freshman classes. Race is one of many factors considered by admissions officers. The rest of the roughly 7,100 freshman spots automatically go to Texans who graduated in the top 8 percent of their high school classes.
The challenge to the University of Texas program comes from Abigail Fisher, who filed a lawsuit with another woman when they were denied admission there in 2008. They contended the university’s race-conscious policy violated their civil and constitutional rights. By then, the two had enrolled elsewhere.
The other woman has since dropped out of the case and the state has said that Fisher is a senior at Louisiana State University whose impending graduation should bring an end to the lawsuit.
The simplest explanation for why affirmative action is back on the court’s calendar so soon after its 2003 decision in Grutter v. Bollinger is that the author of that opinion, Sandra Day O’Connor, has retired. Her successor, Justice Samuel Alito, has been highly skeptical of any use of racial preference.
Justice Anthony Kennedy, a dissenter in the 2003 decision, probably holds the deciding vote, and he, too, has never voted in favor of racial preference.
As a result, said Supreme Court lawyer Thomas Goldstein, “No matter what the court does, it is quite likely that the UT program is going to be in big trouble.” (more…)
