- Israel hits symbols of Hamas rule; scores killed
- Mississippi abortion law can’t be enforced
- Teacher who survived Sandy Hook has book deal
- Jury awards Jesse Ventura $1.8M in case vs. ‘American Sniper’ author Chris Kyle
- Middle Eastern firm’s deal to manage U.S. cargo port raises security concerns
- Bob McDonnell’s defense: Lonely wife developed ‘crush’ on CEO
- Chinese hackers stole ‘huge quantities’ of sensitive data on Israel’s Iron Dome
- House Republicans unveil bill to speed deportations of border children
- Californians protest middle school for hiring white man to teach cultural studies
- Killer’s sentencing overturned because mother couldn’t find seat in courtroom
Supreme Court to take new look at affirmative action
Question of the Day
WASHINGTON (AP) — The Supreme Court once again will confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas in Austin.
The court said Tuesday it will return to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions. This time around, a more conservative court is being asked to outlaw the use of Texas’ affirmative action plan and possibly to jettison the earlier ruling entirely.
A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court’s decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in university admissions at the University of Michigan law school.
The Texas case will be argued in the fall, and the changed makeup of the Supreme Court could foretell a different outcome. For one thing, Justice Samuel A. Alito Jr. appears more hostile to affirmative action than his predecessor, Justice Sandra Day O’Connor. For another, Justice Elena Kagan, who might be expected to vote with the court’s liberal-leaning justices in support of it, is not taking part in the case.
Justice Kagan’s absence probably is a result of the Justice Department’s participation in the Texas case in the lower courts at a time when she served as solicitor general.
The challenge to the University of Texas program comes from Abigail Fisher, who filed a lawsuit with another woman when they were denied admission there. They contended the university’s race-conscious policy violated their civil and constitutional rights. By then, the two had enrolled elsewhere.
The other woman has since dropped out of the case, and the state has said that Ms. Fisher is a senior at Louisiana State University whose impending graduation should bring an end to the lawsuit. But the Supreme Court appeared not to buy that argument Tuesday.
Most entering freshman at Texas are admitted because they are among the top 10 percent in their high school class. The Texas policy applies to the remaining spots and allows for the consideration of race along with other factors.
Texas had dropped affirmative action policies after a 1996 appeals court ruling. But following the high court ruling in 2003, the university resumed considering race, starting with its 2005 entering class
The case is Fisher v. University of Texas at Austin, 11-345.
TWT Video Picks
- Boehner rules out impeachment: 'Scam started by Democrats'
- Obama thanks Muslims for 'building the very fabric of our nation'
- Tactical advantage: Russian military shows off impressive new gear
- Obama's brother wears Hamas scarf bearing anti-Israel slogans in photo
- McCLAUGHRY: Finish off the "Islamic State" quickly and cheaply
- Obama: 'Not a new Cold War,' but new Russia sanctions announced
- Smugglers, rainstorm combine to poke holes in border fence
- Hillary Clinton: Forget Obama, George W. Bush made her 'proud to be an American'
- D.C. seeks to stay judge's order allowing gun owners to carry in public
- Kerry's credibility questioned as fighting in Gaza rages
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors
20 gadgets that changed the world