Court Upholds Constitutionality of Affirmative Action7/16/2014
In a long-running affirmative-action case, a three-judge panel of the United States Court of Appeals for the Fifth Circuit on Tuesday uphel...
In a long-running affirmative-action case, a three-judge panel of the United States Court of Appeals for the Fifth Circuit on Tuesday upheld the University of Texas at Austin’s consideration of race as one of many factors in admissions.
“We are persuaded that to deny U.T. Austin its limited use of race in its search for holistic diversity would hobble the richness of the educational experience in contradiction of the plain teachings of Bakke and Grutter,” Judge Patrick E. Higginbotham wrote, referring to two previous affirmative-action rulings by the Supreme Court.
William C. Powers Jr., the president of the University of Texas at Austin, said he was pleased with the decision upholding the admissions policy.
“This ruling ensures that our campus, our state and the entire nation will benefit from the exchange of ideas and thoughts that happens when students who are diverse in all regards come together in the classroom, at campus events and in all aspects of campus life,” he said.
Last year, after hearing the initial appeal of the Texas case, Fisher v. University of Texas at Austin, the Supreme Court ruled that public colleges could consider race in admissions under certain conditions, but sent the case back to the appeals court to determine whether the University of Texas’ admissions policies used race narrowly enough to meet the standard laid out by the justices.
Texas’ “Top Ten Percent Plan” guarantees the top graduates of every high school in the state a place at the flagship Austin campus or other universities in the state system, and because many Texas high schools are largely segregated, many black and Latino students are admitted to the university under the plan.
“While the Top Ten Percent Plan boosts minority enrollment by skimming from the tops of Texas high schools, it does so against this backdrop of increasing resegregation in Texas public schools, where over half of Hispanic students and 40 percent of black students attend a school with 90 percent-100 percent minority enrollment,” said the majority opinion, in which Judge Higginbotham was joined by Judge Carolyn Dineen King.
While the University of Texas does get some diversity from the plan, the majority opinion said, it can constitutionally make further efforts to increase diversity.
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