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For
Immediate Release: August 9, 2012
Contact: Shirley J.
Wilcher
202-349-9855
240-893-9475
Washington, D.C., August 9, 2012 -
Today, the American Association for Affirmative Action (AAAA) filed its
amicus curiae brief with the U.S. Supreme Court in the
case of Fisher v. University of Texas. In the brief, the
Association, an organization of equal opportunity, affirmative action and
diversity professionals founded in 1974, urges the Court to follow its own
precedent in the Grutter v. Bollinger case in 2003 and
continue to hold that diversity in higher education admissions is a compelling
state interest. Colleges and universities should be able to consider the whole
student, including a student's race among many factors, to determine who is
admitted.
AAAA President Gregory T. Chambers
stated: "Now that the Supreme Court has decided to revisit the question of race
in admissions decisions, an issue that we hoped had been decided in 2003, we
urge the Court to respect its own precedent and uphold the use of race among
many factors in higher education admissions."
AAAA's brief makes several fundamental
arguments. First, the association urges that the consideration of race as a
factor in admissions must not be subjected to a level of review that is strict
in theory but fatal in fact. The Constitution permits and protects the
University of Texas at Austin's holistic consideration of each applicant's
complete identity as part of an admissions process Intended to achieve diversity
in the educational setting. AAAA counsel David Goldstein of the Littler law firm
in Minneapolis, MN stated: "The University of Texas at Austin has worked hard to
develop a fair and inclusive admissions program that contributes to diversity on
campus in the broadest sense of the word without unfairly burdening anyone. The
Supreme Court should not substitute its policy preferences for the carefully
made determinations of the University and the Texas legislature to which the
University is directly accountable. "
Second, AAAA submits that the State of
Texas has a compelling interest in securing the educational and workplace
benefits that flow from diversity. In deciding the 2003 case against the
University of Michigan, Grutter v. Bollinger, the Supreme
Court upheld the notion that diversity in higher education admissions was a
compelling state interest - a requirement to meet constitutional muster. In the
Texas case, the university has amply shown that it has a compelling interest in
having a diverse student body. Moreover, the state's employers and tax base
depend on having well-educated individuals of all races. Marilyn Schuyler,
Attorney of Record on the brief added: "In the Texas case a critical mass of
students from every race is needed to ensure that all students have an enriching
educational experience."
Third, AAAA argues that the steps the
University took to promote diversity were "narrowly tailored," - another
constitutional requirement - and necessary to achieve the compelling state
interest. Texas made an extraordinary effort to research and demonstrate the
need to add race as a consideration in admissions. Moreover, so-called
race-neutral measures are never truly race-neutral. Admissions criteria such as
test scores have inherent biases and a have statistically significant adverse
impact on African-American and Hispanic students. "Lower standardized test
scores do not mean that minorities are academically inferior and unable to
compete in an academically competitive environment," said AAAA Co-Counsel Dean
Sparlin.
Lastly, AAAA takes issue with critics of
diversity programs who allege that Socioeconomic Status (SES) or class is a
proper alternative to race as a factor in admissions. Race matters and
substituting economic disadvantage for race does not compensate. Low SES has not
been the basis for the systematic exclusion of students from higher education;
race and ethnicity have.
"AAAA will actively monitor the briefs
and oral arguments offered in the Fisher case," added Chambers. "This nation is
becoming increasingly diverse and it is not the time to close the doors of
opportunity based on race or national origin. The nation's future depends upon
all qualified individuals receiving a chance to compete in education, employment
and business."
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