High Court Upholds Affirmative Action in University Entry
June 23 2016 - 11:20AM
Dow Jones News
WASHINGTON—A divided Supreme Court Thursday upheld racial
preferences in public-university admissions, a defeat to a
yearslong conservative drive to roll back affirmative action.
Writing for a 4-3 court, Justice Anthony Kennedy found that the
University of Texas at Austin's challenged plan, which gave a "plus
factor" to certain black and Hispanic applicants, passed
constitutional muster as a method to attain student diversity.
A university is entitled "considerable deference" in defining
the type of institution it wished to be, including "intangible
characteristics," such as "student body diversity" is that "are
central to its identity and educational mission," Justice Kennedy
wrote. He was joined by Justices Ruth Bader Ginsburg, Stephen
Breyer and Sonia Sotomayor.
Justice Samuel Alito, joined by Chief Justice John Roberts and
Justice Clarence Thomas, dissented. To mark the intensity of his
disagreement, Justice Alito read his dissent from the bench.
The decision came from a court with two vacant seats—one left by
the February death of conservative Justice Antonin Scalia, another
by the recusal of liberal Justice Elena Kagan, who as the Obama
administration's solicitor general had participated in the case at
earlier stages to support the university's position.
The case was the fourth time since the 1970s that the court has
upheld racial preferences in college admissions, albeit with
restrictions against numerical quotas or rigid set-asides for
minorities. Justice Kennedy advised universities to continually
review their affirmative action policies to ensure they meet
constitutional standards.
The lawsuit was filed by Abigail Fisher, a white applicant who
was denied admission by the University of Texas at Austin in 2008.
She alleged that the state's flagship university violated the
Constitution's equal-protection guarantee by giving an edge in
admissions to black and Hispanic students.
The university disputed Ms. Fisher's claims, saying that it also
rejected some minority applicants with higher grades and scores
than she presented. But UT also said that maintaining the
discretion to select a number of minority applicants that might not
otherwise be admitted was essential to its ability to create a
diverse undergraduate class.
Nearly the entire education establishment, including Ivy League
colleges, flagship state universities and organizations such as the
College Board and the National School Boards Association, supported
UT's position, along with the Obama administration and major
employers, including 3M Co., Aetna Inc., General Electric Co. and
Procter & Gamble Co.
Ms. Fisher drew supporting briefs from several conservative
advocacy groups, including the Pacific Legal Foundation and the
libertarian Cato Institute.
Write to Jess Bravin at jess.bravin@wsj.com
(END) Dow Jones Newswires
June 23, 2016 11:05 ET (15:05 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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