Wednesday, January 19, 2011

Key Win for Affirmative Action

Inside Higher Ed
January 19, 2011

A federal appeals court ruled Tuesday that the University of Texas is not barred from considering race in admissions even though the use of a "10 percent" plan helps the university achieve some levels of diversity in its student body.
The decision -- while likely to be appealed -- is a significant victory for proponents of affirmative action in higher education because of the novel argument used, unsuccessfully, by the plaintiffs in the case. The plaintiffs focused on the requirement set by the U.S. Supreme Court that consideration of race in government programs must not only be justified but also must be "narrowly tailored." Since the University of Texas at Austin by all accounts has succeeded in attracting minority students through the 10 percent plan, the argument goes, it shouldn't need to consider race directly in admitting students who don't win slots through the 10 percent plan.

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