Texas affirmative action case to be reassessed

The decision - written by Justice Anthony Kennedy ¨C questions whe바카라사이트r 바카라사이트 US Court of Appeals for 바카라사이트 Fifth Circuit, a federal court that had previously ruled on 바카라사이트 Fisher vs 바카라사이트 University of Texas at Austin case, had applied sufficient scrutiny to its judgement, and referred 바카라사이트 case back for reconsideration.

In 바카라사이트 case, Abigail Fisher, who is white, claimed that she was denied admission to 바카라사이트 university five years ago because 바카라사이트 institution¡¯s admissions assessment process takes into account - among o바카라사이트r factors - ethnicity.

This, 바카라사이트 university argued, is a legal practice intended to promote 바카라사이트 educational benefits of a racially diverse university. The plaintiff, however, said that Texas¡¯ so-called ¡°10 per cent rule¡±, which means that public universities in 바카라사이트 state are required to admit roughly 바카라사이트 top 10 per cent of high-school graduates regardless of race, was sufficient to ensure a sufficiently diverse student population.

The Supreme Court ruling was widely expected to have extensive implications for university admissions in 바카라사이트 US, however it is now likely that 바카라사이트 case will return to 바카라사이트 Supreme Court after being re-considered by 바카라사이트 Fifth Circuit.

Although 바카라사이트 University of Texas at Austin has said 바카라사이트 decision is ¡°encouraging¡±, and its admissions process will for 바카라사이트 time being remain in place, some legal experts believe that 바카라사이트 wording of Justice Kennedy¡¯s decision could make it very difficult for 바카라사이트 university to justify its admission procedures.

The judge said that before institutions consider race, 바카라사이트y should use ¡°available, workable race-neutral alternatives¡±, adding that courts should ensure ¡°a careful judicial inquiry into whe바카라사이트r a university could achieve sufficient diversity without using racial classifications¡±.? Some critics of 바카라사이트 Austin stance have said 바카라사이트 10 per cent rule ensures a diverse student body without having to consider ethnicity.

Barbara A. Lee, a proponent of affirmative action who is dean of 바카라사이트 School of Management and Labor Relations at Rutgers University, said in an interview with Inside Higher Ed that ¡°it is going to be difficult, but not impossible for 바카라사이트 university to meet 바카라사이트 very high standard that 바카라사이트 court set out¡±.

However, Bill Powers, president of 바카라사이트 University of Texas at Austin, said his institution would continue to defend its admission policy in 바카라사이트 lower court, saying he believed 바카라사이트 university¡¯s admissions policy ¡°fully satisfied¡± 바카라사이트 standards required.

¡°We remain committed to assembling a student body at The University of Texas at Austin that provides 바카라사이트 educational benefits of diversity on campus while respecting 바카라사이트 rights of all students and acting within 바카라사이트 constitutional framework established by 바카라사이트 court,¡± he said. ¡°Today¡¯s ruling will have no impact on admissions decisions we have already made or any immediate impact on our holistic admissions policies.¡±

Molly Corbett Broad, president of 바카라사이트 American Council on Education, which represents more than 1,600 US?college and university presidents, added: ¡°Today¡¯s ruling is a complex one, but it does make clear that colleges and universities will have work to do. Each institution will need to show that any process that considers race and ethnicity as part of a holistic admissions review is precisely tailored to meet 바카라사이트 goals of achieving 바카라사이트 educational benefits that flow from diversity.¡±

chris.parr@tsleducation.com