In a 4-3 decision, the court ruled that the Texas plan complied with earlier court rulings that allow colleges to consider race in pursuit of diversity on campus.
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“The court’s affirmance of the university’s admissions policy today does not necessarily mean the university may rely on that same policy without refinement”, Kennedy wrote.
“A university is in large part defined by those intangible qualities which are incapable of objective measurement but which make for greatness”, Kennedy wrote in the court’s majority opinion. Chief Justice John Roberts and Justice Clarence Thomas joined his opinion.
Justices Ruth Bader Ginsburg, Sonia Sotomayor and Stephen G. Breyer also voted in favor of upholding UT Austin’s affirmative action policies.
Despite the ruling, it’s unclear exactly how this will impact race-based admissions policies around the country.
Primus said. “It’s a more flexible decision”.
In response to the decision, Fisher said in a statement, “I am disappointed that the Supreme Court has ruled that students applying to the University of Texas can be treated differently due to their race or ethnicity”.
The University of Texas-Austin.
When the justices first considered the case in 2013, they sent it back to the Fifth Circuit Court of Appeals so that it could be evaluated under the “strict scrutiny standard” of whether race was used only under certain conditions and in a limited way.
Fisher alleged that the University of Texas disadvantaged her (a Caucasian) compared to students of racial minorities in the admissions process, positing that this discrimination against her violated the Equal Protection Clause of the Fourteenth Amendment.
The decision was immediately held as a landmark decision, with Harvard law professor Laurence Tribe telling the New York Times the decision is the most important on racial diversity in education since the 1954 Brown vs. Board of Education decision that struck down segregation in public schools.
While some may keep the debate alive, the Supreme Court has ruled.and diversity is here to stay. “Through regular evaluation of data and consideration of student experience, the University must tailor its approach in light of changing circumstances, ensuring that race plays no greater role than is necessary to meet its compelling interest”.
In Conway, “The University of Central Arkansas does not use race as a determining factor in admissions”, said spokesman Fredricka Sharkey. Fisher argued that she was rejected while African-American applicants with lower grades and test scores were admitted.
Seven Supreme Court justices participated in the decision.
This case has an agonizingly long history, dating to when Abigail Fisher of Sugar Land was denied admission to UT Austin in 2008.
“Our enrollment has been growing and it’s been growing without the use of affirmative action”, he said.
“At a time when our country is increasingly divided, university campuses provide critical opportunities for students of diverse backgrounds to interact, learn about one another and become informed citizens and leaders”, said Sherrilyn Ifill, head of the NAACP Legal Defense and Educational Fund.
“Perhaps the majority finds discrimination against Asian American students benign, since Asian Americans are “overrepresented” at UT”, Alito said in his dissent.
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“Something odd has happened since our prior decision in this case”, Alito wrote in the dissent.
