• News
  • Celebrities
  • Finance
  • Crypto
  • Travel
  • Entertainment
  • Health
  • Others

Appeals court upholds race-based admissions at UT-Austin

A federal appeals court has upheld a race-based admission process employed by the University of Texas at Austin, striking down a request for a rehearing by two white students who were denied admission to UT in 2008. The students argued the university’s admissions policy violated their equal protection rights guaranteed by the 14th Amendment, student newspaper The Daily Texan reported.

The 9-7 vote produced five vocal dissenters including Chief Judge Edith Jones, who accused her colleagues of possessing, “an unachievable and unrealistic goal of racial diversity at the classroom level to support the university’s race-conscious policy,” according to the Houston Chronicle.

The Austin American-Statesman reported that the minority opinion is “a stinging dissent” that said the three-member panel had given “total deference to University administrators” when it should have applied “strict scrutiny” to the use of affirmative action.

The vote follows a January ruling by a three-judge 5th Circuit Court panel that upheld a previous decision by U.S. District Judge Sam Sparks, who ruled in favor of UT in 2009. Female plaintiffs Abigail Fisher and Rachel Michalewicz still have the opportunity to petition the U.S. Supreme Court. Patricia Ohlendorf, vice president for UT legal affairs, told The Daily Texan she is “confident in the University’s position” should the plaintiffs appeal to the U.S. Supreme Court due to, “favorable rulings so far and a legal team including the current and former solicitors general of Texas.” The Project on Fair Representation (PFR), a nonprofit legal defense fund that does not agree with race-based admission policy, financially backed the students’ suit.

PFR is an initiative of Donors Trust Inc., a Beltway-based nonprofit that also operates the Center for College Affordability and Productivity, as the Texas Independent has previously reported. Donors Trust specializes in accepting contributions then expending them on conservative causes based on the intent of the donors, who remain one step removed from the final recipients.

PFR has made headlines for its challenges of the Voting Rights Act, including the pending case Shelby County, Alabama v. Holder.

Read the Texas Independent for previous reporting on Fisher v. Texas.

In the suit, the two students cite the state’s “Top 10 Percent Rule,” an admissions process that automatically admits the top 10 percent of a high school graduating class, as a mechanism already in place to ensure diversity and questioned the necessity of considering race in admissions in light of the rule. The measure, enacted in 1997, sought to increase minority enrollment as a result of a ban on race-based admission decided by a ruling in the Hopwood v. Texas affirmative action legal case the previous year. Six years later the Supreme Court upheld affirmative action at the University of Michigan’s Law School in 2003, wiping away the Hopwood decision and reenacting the race-based admission process.

UT has struggled with maintaining diversity among its student body population throughout the years. The university set a precedent in fall 2010, enrolling more non-white students as first-time freshman than white students, however, they may be merely playing a long game of catch up, according to a Texas State University study highlighting the detrimental impact on traditionally underrepresented minority enrollment catalyzed by the Hopwood case. While the total number of Black and Hispanic students steadily increased within most major academic departments prior to the ruling, the study found immediate significant drops among black and Hispanic enrollment following theHopwood decision. Additionally, research indicated the Top 10 Rule to be ineffective at offsetting Hopwood‘s impact by boosting minority inclusion, as the total Black and Hispanic enrollment numbers failed to increase with the implementation of the Top 10 Rule.

Similarly, an American Bar Association report focusing on the UT Law School found a dramatic drop in minority enrollment post-Hopwood. Black enrollment dropped more than 90 percent in the first year, from 38 students to four, and Mexican-American enrollment dropped nearly 60 percent, from 64 to 26. Without affirmative action, the author wrote, many law classes would have no African-American or Mexican-American students.

Discussion & Comments (0)

    Recent Articles

    • Things You Should Know about North America

      Things You Should Know about North America

      Get to know more about North America.

    • Eurovision 2010 Paula Seling Unpredictable Contest

      Eurovision 2010 Paula Seling Unpredictable Contest

      Paula Seling's experience on the Eurovision stage led her to declare that "Eurovision is an unpredictable contest". Which may explain the success of the young Lena from Germany, about whom the predictions before the event did not offer much chances for victory.

    • VIPRow.me - The Best Sports Streaming Website Today

      VIPRow.me - The Best Sports Streaming Website Today

      Have you ever contemplated creating a user-friendly site dedicated to sports-related free live streaming channels?

    • Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      XNXUBD 2022 Nvidia users are able to watch thousands of videos and other contents online. XNXUBD 2022 Nvidia New is a piece of software that enables people to watch videos online without having to pay for memberships. On a graphics card, the XNXubd also provides some of the best gaming and virtual reality experiences.

    • Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      A new edition of the Video Editor Apk for xVideostudio.Video Studio has all the latest features, including support for multiple video download formats in HD, FHD, and even 4K resolutions.

    • 9 Best Lotion For Masturbation - Popular Choice For 2022

      9 Best Lotion For Masturbation - Popular Choice For 2022

      Masturbation is a common activity for men and women. It's a natural and risk-free way to explore your body, experience pleasure, and release sexual tension.

    • Reasons Why You Need To Stop Watching Movies From Sflix

      Reasons Why You Need To Stop Watching Movies From Sflix

      Without having to sign up or pay anything, you can watch movies online for free with SFlix. It has more than 10,000 movies and television shows.

    • Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Collins (born May 11, 1997) is a rapper from the United States. Leray started publishing songs to SoundCloud in 2014, and in 2018 she released her breakthrough track "Huddy" as well as her first mixtape, Everythingcoz.

    • Listen And Download Music On MyFreeMP3 For Free

      Listen And Download Music On MyFreeMP3 For Free

      Are you in a bind and looking for a place to obtain free mp3 songs? Never again will you need to bother, since this article has everything necessary to obtain your solution. Download free music from MyfreeMP3.com, one of the world's most popular websites.