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Old 06-24-2016, 12:20 PM
NinjaPoodle NinjaPoodle is offline
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FISHER v. UNIVERSITY OF TEXAS AT AUSTIN ET AL.

http://www.nytimes.com/2016/06/24/us...exas.html?_r=0

"WASHINGTON — The Supreme Court on Thursday rejected a challenge to a race-conscious admissions program at the University of Texas at Austin, handing supporters of affirmative action a major victory.

The decision, Fisher v. University of Texas, No. 14-981, concerned an unusual program and contained a warning to other universities that not all affirmative action programs will pass constitutional muster. But the ruling’s basic message was that admissions officials may continue to consider race as one factor among many in ensuring a diverse student body.

The decision, by a 4-to-3 vote, was unexpected. Justice Anthony M. Kennedy, the author of the majority opinion, has long been skeptical of race-sensitive programs and had never before voted to uphold an affirmative action plan. He dissented in the last major affirmative action case.

Supporters of affirmative action hailed the decision as a landmark.

“No decision since Brown v. Board of Education has been as important as Fisher will prove to be in the long history of racial inclusion and educational diversity,” said Laurence H. Tribe, a law professor at Harvard, referring to the Supreme Court’s 1954 decision striking down segregated public schools.

Roger Clegg, the president of the Center for Equal Opportunity, which supports colorblind policies, said the decision, though disappointing, was only a temporary setback.

“The court’s decision leaves plenty of room for future challenges to racial preference policies at other schools,” he said. “The struggle goes on.”

President Obama hailed the decision. “I’m pleased that the Supreme Court upheld the basic notion that diversity is an important value in our society,” he told reporters at the White House. “We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody.” "

pdf http://www.supremecourt.gov/opinions...4-981_4g15.pdf


"The University of Texas at Austin (University) uses an undergraduate
admissions system containing two components. First, as required by
the State’s Top Ten Percent Law, it offers admission to any students
who graduate from a Texas high school in the top 10% of their class.

It then fills the remainder of its incoming freshman class, some 25%,
by combining an applicant’s “Academic Index”—the student’s SAT
score and high school academic performance—with the applicant’s
“Personal Achievement Index,” a holistic review containing numerous
factors, including race. The University adopted its current admissions
process in 2004, after a year-long-study of its admissions process—undertaken
in the wake of Grutter v. Bollinger, 539 U. S. 306,
and Gratz v. Bollinger, 539 U. S. 244—led it to conclude that its prior
race-neutral system did not reach its goal of providing the educational
benefits of diversity to its undergraduate students.
Petitioner Abigail Fisher, who was not in the top 10% of her high
school class
, was denied admission to the University’s 2008 freshman
class"

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