It could be the most controversial ruling the Supreme Court has made in years. Legal analysts are saying it’s possible the Supreme Court could totally end the use of race in college admissions nationwide, a practice long opposed by conservatives.
The Supreme Court on Wednesday weighed the case, which involves the University of Texas but could have repercussions for all private colleges, and a ruling is expected in the next few months.
With liberal and conservative justices starkly divided, the justice who almost certainly will dictate the outcome suggested that the court may need still more information to make a decision in a Texas case already on its second trip through the Supreme Court.
“We’re just arguing the same case,” Justice Anthony Kennedy said, recalling arguments first held in 2012 in the case of Abigail Fisher. “It’s as if nothing has happened.”
Kennedy said additional hearings may be needed to produce information that “we should know but we don’t know” about how minority students are admitted and what classes they take to determine whether the use of race is necessary to increase diversity at the University of Texas.
Fisher has been out of college since 2012, but the justices’ renewed interest in her case appeared to be a sign that the court’s conservative majority is poised to cut back, or even end, affirmative action in higher education.
Their skepticism about it was on display during more than 90 minutes in a packed courtroom.
“What unique perspective does a minority student bring to a physics class?” Chief Justice John Roberts asked at one point, challenging a part of Texas’ argument that says its program is needed to increase diversity at the classroom level.
Justice Antonin Scalia suggested it’s possible that some black students would benefit from being at a “slower-track school,” instead of Texas’ flagship campus in Austin, where some are “being pushed ahead in classes that are too fast for them.”
But it was not clear from the arguments whether Kennedy would go as far as his conservative colleagues to deal a blow to race as a factor in college admissions.
Potentially complicating the outcome, Justice Elena Kagan is sitting out the case because she worked on it at an earlier stage at the Justice Department, before joining the court. Her absence creates the possibility of a 4-4 split. That would resolve the case in Texas’ favor, but say nothing about the issue nationally. The other three liberal justices appeared solidly in favor of the Texas program.
The arguments focused on whether the university has compelling reasons to consider race among other factors when it evaluates applicants for about one-quarter of its freshman class. Most students are admitted to the university through a plan that guarantees slots to Texans who graduate in the top 10 percent of their high school classes.
Fisher says the “top 10” program works well to bring in Hispanic and African-American students, without considering race. Bert Rein, representing Fisher, said the university can take other steps to diversify its student body without explicit reference to race, including reducing its reliance on standardized test scores.
But Justice Sonia Sotomayor, who has said she benefited from affirmative action, said Rein was calling on Texas to take steps that would “reduce its educational quality.” Justice Clarence Thomas, an affirmative action opponent who has said he felt stigmatized by racial preferences, was customarily silent during the arguments.
Texas says the “top 10” program alone is not enough and that the school needs the freedom to fill out incoming classes as it sees fit. Gregory Garre said on behalf of the university that minority enrollment plummeted at top public universities in California and Michigan after they ended the consideration of race.
“Now is not the time and this is not the case to roll back student-body diversity in America,” Garre said.
Justice Samuel Alito said the university is engaging in “terrible stereotyping” by suggesting there is something “deficient about the African-American students and the Hispanic students who are admitted under the top 10 percent plan.”
Twelve years ago, the justices reaffirmed the consideration of race in the quest for diversity on campus. Their decision set a goal of doing away with such programs in 25 years.
“When do you think your program will be done?” Roberts asked Garre, who would not provide a date.
The court first heard Fisher’s case in 2012; the case ended inconclusively with a tepid decision that ordered a lower court review. The federal appeals court in New Orleans has twice upheld the Texas admissions program and rejected Fisher’s appeal.
Fisher’s case was conceived by Edward Blum, an opponent of racial preferences. Blum also is behind lawsuits against Harvard University and the University of North Carolina that aim to eliminate any consideration of race in college admissions.
Texas is unique in marrying the top 10 plan to a separate admissions review in which race is one of many factors considered. The university’s current freshman class is 22 percent Hispanic and 4.5 percent African-American. White students make up less than half the school’s freshmen.
Eight states prohibit the use of race in public college admissions: Arizona, California, Florida, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.
The Obama administration, dozens of colleges and many of the nation’s largest businesses support Texas in defending its program.
There also are competing arguments over whether racial preference programs actually limit the number of students from Asian backgrounds, who are disproportionately represented in student bodies relative to their share of the population.
A decision in Fisher v. University of Texas at Austin, 14-981, is expected by late June.
The Associated Press contributed to this article
Since when did checking off the right box at hiring or test time become a civil right? It’s a violation of the 1964 Civil rights Act.
OK People there are 107 all Black collages most of them 4 year institutions they do not allow white people at all…
where is the affirmative action there???
Looks like reverse discrimination to me! ! !
There is no such thing as “reverse discrimination”. Discrimination is the same no matter of color, majority, minority or other criteria. Besides that, I totally agree with your statement.
Don’t judge others by their ethnicity or race. However, if it gets them to go ahead of others at hiring time then it’s great. Such hypocrites.
This should have Never been allowed and they want to talk about discrimination what do you call this if your grades are better than the other ones then it should be you getting in not because of color or Origen or religion unless it is a religious school their is a slight difference.
Hey main street–So you believe in reverse discrimination?. I don’t believe in discrimination of any kind.
Hey Sal. Please read my comments carefully. They clearly oppose the discriminatory quota system. I read my comments over twice. I can’t fathom as to how you could think I was for them?
Main street, how can you say “However, if it gets them to go ahead of others at hiring time then it’s great.” ?
That is just another form of discrimination, or didn’t your lib handlers tell you that? No, you’re right, they wouldn’t because that’s all Affirmative Action is.
Therefore, that one statement alone negates anything you could say afterwords to CYA. Too bad, you are OUT!
And I quote:
” Justice Antonin Scalia suggested it’s possible that some black students would benefit from being at a “slower-track school,” instead of Texas’ flagship campus in Austin, where some are “being pushed ahead in classes that are too fast for them.” … ”
Well actually I’ll be more honest … “some black students AND WHITE STUDENTS…” this is not a ‘race’ issue. It is a common sense issue. Some kids are just NOT College Material. Sorry they are not and again, this is NOT a RACE ISSUE.
And I quote:
” But Justice Sonia Sotomayor, who has said she benefited from affirmative action, …”
Well we certainly are NOT seeing the “Benefits of your education. We are seeing the clear actions of your NO SMALL BIAS. You were not “educated” you were PROGRAMED and I will add, very well PROGRAMED.
Again, NOT everyone is COLLEGE MATERIAL … it should NEVER be based on the COLOR of your Skin – but the abilities of your BRAIN. Other wise, as is the case many times over, it is a WASTE OF $$$ and a waste that those who SHOULD be in college are NOT, because of some “quota” based on color and not smarts.
Amen !!
This issue never should have been passed to begin with based on our Constitution and Declaration of Independence. IF any type of discrimination exists, it should be based on the INDIVIDUAL complaint and not dealt on a mass basis! Public liberal education should be abolished as it preaches to personal liberal, socialist ideology versus the basis of our national law..the Constitution!
Sorry..I omitted the word NEVER in the initial statement!
Entrance to college or employment should be based on grades or qualification, NOT on the color of ones skin. It was wrong when it disqualified blacks, but it is equally wrong when it disqualifies whites.
I agree with Danny. Let your brains or muscles get you the position fit for your brains or muscles. I want the surgeon working on me to be tho one that was smartest in their class, not the one who got in because of their skin color. Get with it people.
Amen
Right! It MUST be Brain Power. No such thing as Color Power, or Skin Power. Just knock off the games. They are NOT fun, never were. It only showed how gullible, stupid, ignorant and greedy some are. It and the ‘Anchor Baby’ BS must be done away with. Their times are over. Never allow them to be revived, this discrimination will destroy this Nation as quick as Obama is doing. Please, reject it and save our Country! Go Trump!
Affirmative action is racist
Yes, that’s one ‘small’ fact Jjb somehow left out. But he got most of the info correct and out there. Maybe he doesn’t want to make ‘waves’, like you and I just did (?). ‘affirmative action IS racist’. ;>)
Another big Amen !
Sure is, Paul. How many others agree? We will never know…until after the election. By then it may be too late for America, as we knew it. Our grandchildren will HATE and CUSS us and with very good reason. WE sold them into slavery under a rotten dictator for a six-pack and a joint. Yeah, good trade, FOOLS!
It is about time that common sense is used by portions of our government since is has been so badly missed for so very long
WHAT “portions of our government” are using commonsense? If any portion did Mr. Barack Obama would be in a Federal Prison (hopefully Gitmo with his buddies) awaiting trial for Treason, Giving Aid and Comfort to Our Enemies, Failure to Obey Oath of Office and the list goes on and on and on and on.
Our “Cowardly Congress”–great name!–refuses to uphold the Rule of Law by impeaching the traitor. “Can’t harm one of our own.” I guess is the way-of-life in DC. “Why care about stuff like a Constitution, or our laws, or our citizens? We got ours, you know where you can go!”, is about we can expect from them. UNLESS all the legal, living voters comply with their duty as an United States citizen. Vote. Think about what you are about to do for, or to, this Country, then cast your honest, truthfully thought out ballot.
THANK YOU. Eleven months early, but got get you to THINK. TRUMP!
in reference to should all college students be vetted for college according to their race i say no no no i have 3 kids 2 went to college and one did not qualify we are white this proves that not all students even coming from the same family have the same abilaty for lerning–SO WHY LET STUDENTS WHO DONT QUALIFY GO TO COLLEGE AND DENIYE THE ASHIAN POPULATION WHO HAVE HIGHER SCORES TO ENTER COLLEGE-IT IS WRONG TO SELECT STUDENT ACCORDING TO THERE RACE
About time lets try the best qualified. Who needs a doctor because of their color and cant pass an entrance exam.
Remember Archie Bunker? He went to a dentist and a black dentist came into the room. He asked for another dentist. The other dentist was white, and “had graduated at the bottom of my class, but I graduated.” Archie then asked for the head of the department. Wait for it …. The original black dentist came in.
If you choose employees or college applicants by skin color, do you also consider the color of their eyes and hair, or how tall they are?
I must admit that the most difficult class I was ever in was the 1st grade. After that I learned that learning was fun and beneficial. I didn’t see any minorities in any of my graduate classes and I always wondered why. If you tell me now that the curriculum for these classes will be lowered I will scream tho it will be a silent one. In my professional life I took tests to become a Professional Engineer and a Professional Surveyor. The testing for the engineer was 1 day and for the surveyor was 3 days. I see many more of the so called minorities as engineers than as surveyors. There in lies a paradox. I’m retired now and no one seems to care what I see or think.
When ruling on an applicant the admissions should not even see a name only a number. This would eliminate any chance of a ruling by nationality or race. Accept the most qualified and if there are any spots left go to the reject file and pick out the most qualified from there. Race or nationality has no place here. Not everyone needs or should have a college degree. Someone has to do the plumbing, electrical, mechanics, etc. etc.
It would also rule out SEX … what a great idea! No more glass ceilings for women.
If you think the present acceptance policies are bad can you imagine what would happen if the liberals made college free for all as Clinton and Sanders promised ? Classes would all be “dumbed down” so that those of lower academic ability would pass without learning anything. When lower achieving students failed there would be claims of prejudice. As a physics teacher for 37 years I saw this happen in high schools where classes are “dumbed down” and then what should have been standard classes now named advanced. No wonder we are falling in world wide rankings in math and science. Seems we are just into everyone gets a trophy and don’t hurt dumb asses feeling.
I saw a quote the other day, I’m sorry I don’t remember who said it ….
“You are the average of the five people you hang out with most.”
Affirmative action should have never been! It has been a disservice to all young black people. It in effect implants in their mind that they are not up to the task and they need the government to lower the bar of expectations for them so that they can compete. It keeps them with a “plantation” mentality and is more damaging to their psyche than being without the program. It puts them in a position that they have to listen to some tell them that if it weren’t for Affirmative Action, they would not have gotten thru the doors. If you want to help the black youth of this country, help them in high school and prepare them for the coming world.
I agree, the help needs to start at K and 1st grade, not as a college freshman.
Let’s take a closer look at this, shall we?
On the US Supreme Court, RIGHT NOW, we have 3 white women, 5 black men, and 1 black man.
If we’re going to play the RACE card, I have a question …
Which two “good-ol’ white boys” are going to step down so two black lawyers can be appointed to the Court?
And not to leave SEX out of the equation, we need at least 1 of the women to step down for the same reason.
Come on all you “equal diversity” people, can I get a big “AMEN” to that?
I don’t rust Black Doctors because of affirmative action
Best Qualified is the only way for a free country to go, period!
There should be a standard and any admitted, hired, promoted or whatever should meet or exceed that standard. Now for that to be the norm every student, no matter where they attend school must have the same opportunities to be educated and access to the same level of teaching and curriculum in a safe and proper learning environment. Unfortunately this is not the case so the field must be leveled in some manner because many who have not had the same environment and opportunity excel and lead even though they were behind at the start. It doesnt matter what race, we must have the best minds and abilities in the proper places or we will continue to fall behind as a country. We also must take greed out of the equation. Greed is killing our country and is part of the reason we have the poor slate of candidates we are facing in this election both republican and Democrat. Maybe its time we do away with the two party system and just have a slate of candidates.
we have junior colleges now there is no need for affirmative action for college admittance only fair admittance.
Good, get rid of this misleading destructive law that only invites the same as food stamp leaches and parasites. I finally got my liberal friend to look at herself with a gigantic hypocritical statement she babbled on in tears with for about ten minutes. She is one of the most detail oriented learned person I have know when it comes to office work and it’s meanderings. She was one to give credibility to all the illegal aliens looking for work and so many of color. The both of us being white she often criticized me for being racist until that moment she tried to give credibility to those with credentials that she didn’t have… she’s still twice what any of them could hope to be and then the light went on in the back of her head … Wow, Great Goodness.. Thanks for the ear.
Affirmative action is Discrimination.