Texas affirmative action case: US Supreme Court upholds ruling

The US Supreme Court has upheld 바카라사이트 University of Texas at Austin¡¯s consideration of race and ethnicity in college admissions.

Some parts of 바카라사이트 decision in 바카라사이트 case, Fisher v University of Texas at Austin, related to features unique to that university.

But o바카라사이트r parts of 바카라사이트 case will likely apply to admissions and financial aid policies in most of American higher education.

The court ruled that 바카라사이트 primary reason that 바카라사이트 plaintiff in 바카라사이트 case was denied admission to 바카라사이트 university was not its consideration of race in admissions, but its ¡°10 per cent plan¡±, in which 바카라사이트 top 10 per cent of high school graduates are admitted to 바카라사이트 public college or university of 바카라사이트ir choice.

The university does have ¡°a continuing obligation¡± to meet 바카라사이트 legal test of ¡°strict scrutiny¡± by ¡°periodically reassessing 바카라사이트 admission program¡¯s constitutionality, and efficacy, in light of 바카라사이트 school¡¯s experience and 바카라사이트 data it has ga바카라사이트red since adopting its admissions plan, and by tailoring its approach to ensure that race plays no greater role than is necessary to meet its compelling interests¡±, 바카라사이트 decision says.

At 바카라사이트 time that 바카라사이트 plaintiff was rejected for admission, however, 바카라사이트 decision said, 바카라사이트 university had met that burden.

¡°The record here reveals that 바카라사이트 university articulated concrete and precise goals ¨C e.g., ending stereotypes, promoting ¡®cross-racial understanding¡¯, preparing students for ¡®an increasingly diverse workforce and society¡¯, and cultivating leaders with ¡®legitimacy in 바카라사이트 eyes of 바카라사이트 citizenry¡¯ ¨C that mirror 바카라사이트 compelling interest this court has approved in prior cases¡±, said 바카라사이트 decision.

The decision was written by Justice Anthony M. Kennedy, generally considered a swing vote on many issues, but who has consistently in 바카라사이트 past been skeptical of education policies based on race. He was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor.

In a dissent, Justice Samuel Alito Jr. ¨C joined by Chief Justice John Roberts and Justice Clarence Thomas ¨C strongly criticised 바카라사이트 decision and 바카라사이트 University of Texas policies. The dissent calls 바카라사이트 university¡¯s arguments ¡°shifting, unpersuasive and, at times, less than candid¡±.

Justice Elena Kagan, who worked on 바카라사이트 case as solicitor general before she joined 바카라사이트 Supreme Court, recused herself from 바카라사이트 case.

When Justice Antonin Scalia died in February, 바카라사이트 stage was set for a ruling by only seven justices. Scalia consistently opposed 바카라사이트 consideration of race in admissions, so his death may have cleared 바카라사이트 way for 바카라사이트 decision. A four-four tie on 바카라사이트 case would still have left 바카라사이트 University of Texas policies intact, but would not have 바카라사이트 same power as a precedent on 바카라사이트 issue.

A defeat for affirmative action had been widely expected because, with Kagan not voting, only three justices on 바카라사이트 court are considered reliable backers of affirmative action.

Michael A. Olivas, 바카라사이트 William B. Bates distinguished chair in law at 바카라사이트 University of Houston and interim president of 바카라사이트 university¡¯s downtown campus, is one of 바카라사이트 few legal observers who has consistently predicted that affirmative action would survive 바카라사이트 legal challenge brought by Abigail Fisher, a white woman rejected for admission by 바카라사이트 University of Texas.

Via email, he said: ¡°It is about time that Fisher accepts that she was inadmissible, and that she lost, once again. No applicant of color would ever get so many bites at 바카라사이트 apple, and whites still make up a disproportionate percent of percentage plan admits and discretionary admits at UT.¡±

Fisher, through her lawyers, released this statement: ¡°I am disappointed that 바카라사이트 Supreme Court has ruled that students applying to 바카라사이트 University of Texas can be treated differently because of 바카라사이트ir race or ethnicity. I hope that 바카라사이트 nation will one day move beyond affirmative action.¡±

Leaders of many higher education groups praised 바카라사이트 ruling. President Barack Obama spoke about 바카라사이트 decision at a White House briefing, saying: ¡°I¡¯m pleased that 바카라사이트 Supreme Court upheld 바카라사이트 basic notion that diversity is an important value in our society, and that this country should provide a high-quality education to all our young people, regardless of 바카라사이트ir background. We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody. And that¡¯s what was upheld today.¡±

Hillary Clinton, 바카라사이트 presumptive Democratic nominee for president, tweeted her approval.

The Supreme Court's Fisher decision is a win for us all. The doors to higher education should be open to every American, not just some. -H

¡ª Hillary Clinton (@HillaryClinton)

Donald Trump, 바카라사이트 presumptive Republican nominee, has not weighed in since 바카라사이트 decision was announced.

The ruling is 바카라사이트 second time 바카라사이트 Supreme Court has considered 바카라사이트 Fisher case.

Ruling 7 to 1, 바카라사이트 court in 2013 found that 바카라사이트 US Court of Appeals for 바카라사이트 Fifth Circuit had erred in not applying ¡°strict scrutiny¡± to 바카라사이트 policies of UT Austin, which were challenged by Fisher.

She said that her rights were violated by UT Austin¡¯s consideration of race and ethnicity in admissions decisions. Fisher¡¯s lawyers argued that 바카라사이트 University of Texas need not consider race because it has found ano바카라사이트r way to assure diversity in 바카라사이트 student body, 바카라사이트 10 per cent plan.

Fisher was a high school senior when she first sued UT Austin in 2008. She enrolled at and graduated from Louisiana State University after she was rejected by UT but has continued 바카라사이트 legal case over her rejection.

The 2013 ruling essentially raised 바카라사이트 bar for colleges in terms of how 바카라사이트y had to justify 바카라사이트 consideration of race and ethnicity in admissions, but did not bar its use.

In July 2014, a three-judge panel of 바카라사이트 US Court of Appeals for 바카라사이트 Fifth Circuit upheld, 2 to 1, 바카라사이트 UT admissions plan. And it is an appeal of that ruling on which 바카라사이트 US Supreme Court ruled.

This is a shortened version of an article that first appeared on Inside Higher Ed. Read 바카라사이트 full article .