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Washington Post
November 14, 2013
A white woman who claims the University of Texas improperly denied her admission because of race will get a second hearing before a federal appeals court on Wednesday, after the U.S. Supreme Court ordered the judges to take a another look at whether the school’s race-based admissions policy remains necessary to ensure a diverse student body.
The Supreme Court said a three-judge panel on the 5th Circuit Court of Appeals didn’t properly apply past decisions when it ruled in favor of the university. The court, normally based in New Orleans, chose to hold a rare hearing in Austin, where the university is based. Appeals courts may choose to meet anywhere in their district.
University officials say race plays a role in only 25 percent of admissions and that the complex formula they use for the rest makes it impossible to know if race was the deciding factor in the case of Abigail Fisher, a Texan whose admission to the Austin school was denied in 2008.
The appeals court denied Fisher’s appeal after she lost In district court. But in June, the Supreme Court ruled 7-1 that the appeals judges erred in not taking a close look at UT’s policies, saying a court should approve the use of race in admissions only after it concludes “that no workable race-neutral alternatives would produce the educational benefits of diversity.”
In past cases, the nation’s highest court has ruled race may be used to determine admissions to ensure diversity and provide a better education for all students.
