Thursday, February 23, 2012

The Supreme Court will hear a challenge to UT's affirmative action program

You can find detail from the NYT here, and the Washington Post here. Some helpful text:

The new case, Fisher v. University of Texas, No. 11-345, was brought by Abigail Fisher, a white student who says the University of Texas denied her admission because of her race. The case has idiosyncrasies that may limit its reach, but it also has the potential to eliminate diversity as a rationale sufficient to justify any use of race in admission decisions — the rationale the court endorsed in the Grutter decision. Diversity, Justice Sandra Day O’Connor wrote, encourages lively classroom discussions, fosters cross-racial harmony and cultivates leaders seen as legitimate. But critics say there is only a weak link between racial and academic diversity.
The Grutter decision allowed but did not require states to take account of race in admissions. Several states, including California and Michigan, forbid the practice, and public universities in those states have seen a drop in minority admissions. In other states and at private institutions, officials generally look to race and ethnicity as one factor among many, leading to the admission of significantly more black and Hispanic students than basing the decisions strictly on test scores and grades would.

- Click here for commentary from the Volokh Conspiracy.
- And from ScotusBlog, plus the relevant documents associated with the case.

2301s should expect a written question about this when we start out discussion of civil rights.