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US Supreme Court to revisit diversity in college admissions

US Supreme Court to revisit diversity in college admissions

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The U.S. Supreme Court has agreed to decide whether the University of Texas’ admissions program that considers race as one of many factors is constitutional.

The program was modeled after the U.S. Supreme Court’s 2003 ruling in Grutter v. Bollinger (539 U.S. 306), which approved admissions policies at the University of Michigan Law School aimed at promoting diversity.

After Grutter, the University of Texas conducted two studies and concluded that enrollment of underrepresented minorities had not achieved the full benefits of educational diversity. After several years of excluding any consideration of race in admissions, the university reintroduced race as one of many factors for a portion of its freshman admissions, alongside other facially race-neutral policies.

In a challenge brought by two students denied admission, the 5th Circuit affirmed the constitutionality of the University of Texas program.

“A university may decide to pursue the goal of a diverse student body, and it may do so to the extent it ties that goal to the educational benefits that flow from diversity. The admissions procedures that UT adopted, modeled after the plan approved by the Supreme Court in Grutter, are narrowly tailored – procedures in some respects superior to the Grutter plan because the University does not keep a running tally of underrepresented minority representation during the admissions process. We are satisfied that the University’s decision to reintroduce race-conscious admissions was adequately supported by the ‘serious, good faith consideration’ required by Grutter,” the court said.

The en banc court voted against rehearing, but several justices filed a written dissent.

In granting cert, Supreme Court Justice Elana Kagan recused herself from the case. She was U.S. Solicitor General when the Justice Department filed a brief in the case when it was before the 5th Circuit.

A decision from the Supreme Court is expected next term.

Case: Fisher v. University of Texas at Austin,  No. 11-345. Certiorari granted: Feb. 21.

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