Appeals Panel Upholds Race in Admissions for University

Tamar Lewin, New York Times, July 16, 2014

In a long-running affirmative-action case, a three-judge panel of the United States Court of Appeals for the Fifth Circuit on Tuesday upheld the University of Texas at Austin’s consideration of race as one of many factors in admissions.

“We are persuaded that to deny U.T. Austin its limited use of race in its search for holistic diversity would hobble the richness of the educational experience in contradiction of the plain teachings of Bakke and Grutter,” Judge Patrick E. Higginbotham wrote, referring to two previous affirmative-action rulings by the Supreme Court.

{snip}

Last year, after hearing the initial appeal of the Texas case, Fisher v. University of Texas at Austin, the Supreme Court ruled that public colleges could consider race in admissions under certain conditions, but sent the case back to the appeals court to determine whether the University of Texas’ admissions policies used race narrowly enough to meet the standard laid out by the justices.

Texas’ “Top Ten Percent Plan” guarantees the top graduates of every high school in the state a place at the flagship Austin campus or other universities in the state system, and because many Texas high schools are largely segregated, many black and Latino students are admitted to the university under the plan.

“While the Top Ten Percent Plan boosts minority enrollment by skimming from the tops of Texas high schools, it does so against this backdrop of increasing resegregation in Texas public schools, where over half of Hispanic students and 40 percent of black students attend a school with 90 percent-100 percent minority enrollment,” said the majority opinion, in which Judge Higginbotham was joined by Judge Carolyn Dineen King.

While the University of Texas does get some diversity from the plan, the majority opinion said, it can constitutionally make further efforts to increase diversity.

{snip}

Judge Emilio M. Garza wrote a lengthy dissent, arguing that while the university claims that its use of race was narrowly tailored to meet its diversity goal, it never defined that goal, making it impossible to say whether the use of race actually was tailored to meet it.

The Texas case was filed by Abigail Fisher, a white student who was not in the top 10 percent of her high school class and was denied admission to the university for the fall of 2008, a year in which Top Ten Percent applicants got 81 percent of the seats in the class. The remaining 19 percent were admitted through a holistic review process, in which the university considers not only applicants’ academic records, but also their individual achievements and experiences.

In that context, race may play a role–but whether minority status helps an applicant is not at all clear. In fact, the holistic process accounted for only 12 percent of the black students in the class, and 16 percent of the Hispanics.

Ms. Fisher said Tuesday that she would continue to press her lawsuit, even if it meant another appeal to the Supreme Court. {snip}

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  • MekongDelta69

    “We are persuaded that to deny U.T. Austin its limited use of race in its search for holistic diversity would hobble the richness of the educational experience in contradiction of the plain teachings of Bakke and Grutter…”

    Have you EVER heard such gobbledy-gook?

    Oh wait…

    Every single day for the last 50 years.

    • c684570

      All they have to say is “diversity is a strength” without explaining what. What fantastic nonsense.

    • Visceral

      There you go, the courts are more concerned with enforcing equal outcomes rather than ensuring equal opportunity for all. The courts are racist towards whites.

  • Magician

    LOL

    • Bon, From the Land of Babble

      Are you kidding? The black gets a full ride, Hispanics too.

      I see it all the time at the high school level – full scholarships for at-best mediocre blacks and Hispanics while your White child gets NOTHING. There are TONS of race-specific scholarships, for non-Whites, none for Whites.

      And, in case anyone here thinks there aren’t Asian-specific scholarships that benefit ONLY Asian students, they can look here:

      https //www scholarships com/financial-aid/college-scholarships/scholarships-by-type/minority-scholarships/asian-scholarships/

      • journey

        Janet Napolitano a short time ago was implying blacks/Hispanics in the UC system do not have to pay any tuition.

      • Pro_Whitey

        Yes, and we can look forward to the disparity becoming even greater if these little brown bastards are allowed to stay here.

      • Alucard_the_last

        I forgot which show it was (I think it was Okra) and they had on this overweight negress on the show. They mentioned that she graduated and has no children and the audience clapped. The NORMAL thing is to graduate without having children. Pathetic.

        • James Mayer

          Okra! 😀

      • r j p

        You need to read about the bragging that goes on about “Urban Prep” in Chicago. Average ACT is 17. But they all get sKolaships every year. Nobody gave me a scholarship and I got a 31 on my ACT, hungover.

        My aunt teaches in a Costa Mesa area HS btw.

  • Publius Pompilius Quitus

    And the Whites who aren’t denied admission to UT because of
    their race will have the privilege of being told how evil they are for four
    years.

    • Tertius

      Let’s face it: “affirmative action” is a lovely euphemism for society’s acknowledgment that blacks, on average, are unable to compete in a meritocracy. Just ask Barry Obama and Eric Holder.

    • Bon, From the Land of Babble

      It’s even starting to seep into the hard sciences.

  • Frank_DeScushin

    “race may play a role–but whether minority status helps an applicant is not at all clear.”

    It’s clear. Crystal clear depending on what minority group they’re from.

    • APaige

      The strange thing about this case is that the 10% rule was enough to create diversity, without directly using race. They just wanted MORE diversity. I applaud Ms. Fisher and her attorneys for this battle. In all truth it did not seem to be a very blatant case of discrimination, her GPA and test score were above average, but she should be able to compete in an open and fair process. The next case will be so blatant that it should crush discrimination against Whites. This case was a body punch that sets up the knockout. ( I hope)

      • MikeofAges

        You’ve got a good point. An overt quota system might be better than what we had have under “Bakke”. Ironically, Alan Bakke was a wealthy white man able to finance his own litigation all the way to the Supreme Court. What came out of the court was about him and no one else. It was worse than what preceded it.

        Under a quota system, we could at least agitate and lobby for the right to fill our own quota as we wished, within reason.

  • Luca

    Diversity is another made up magical liberal word and agenda item. When have they ever proven the benefits of it, established when enough is enough or explained how it is justified to bypass other meritorious qualifications when establishing guidelines for its application?

    I mean, aside from never.

    • TruthBeTold

      Diversity: Anyone but a white person.

      The methods and goals are clear.

    • journey

      Diversity = dumbing down of this country to make blacks/Hispanics look good.

  • propagandaoftruth

    Judge Emilio M. Garza wrote a lengthy dissent, arguing that while the university claims that its use of race was narrowly tailored to meet its diversity goal, it never defined that goal, making it impossible to say whether the use of race actually was tailored to meet it.
    ———————–
    Yes Virginia, there are White Hispanics.

    • Bon, From the Land of Babble

      The campaign for Prop 209 in California, which prohibits state governmental institutions from considering race,sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education, was led by University of California Regent Ward Connerly.

      Prop 209 has been upheld twice by the California Supreme Court.

      Does that Ward Connerly a “black-white? He’s been called far worse than that and has said he’s received death threats.

      • propagandaoftruth

        Kudos to Connerly, but Mr. Garza looks a lot whiter.

      • journey

        The Hispanics are now the majority in CA. They are already busy in trying to overturn Prop. 209. It was the Asians who beat it back, of course, for their own benefits not for the over all good of this country.

        • Bon, From the Land of Babble

          I’ve been saying for years that it’s only a matter of time before Prop 209 is overturned.

          Prop 13 has been under relentless attack as well. It too is on life support.

  • dd121

    Of course they did. Nobody was fool enough to think this was one day going to be rescinded?

  • emiledurk16

    Know its not as “cut and dry” as this, but didn’t the supreme court recently declare the use of race for admissions illegal?

    I’m sure Kagan and the wise latina (more capable of reaching a rational decision than a White man) dissented.

    Anyone with a legal flair care to disabuse?

  • Peter Connor

    Federal courts have done more damage to this country in the last 70 years than 10 Obamas.

  • eavesmac

    They deserve their lot in life; to never have a feeling of genuine achievement except at the handout of whites.

  • So CAL Snowman

    ““We are persuaded that to deny U.T. Austin its limited use of RACE in
    its search for holistic diversity would hobble the richness of the
    educational experience in contradiction of the plain teachings of Bakke
    and Grutter,” Judge Patrick E. Higginbotham wrote, referring to two
    previous affirmative-action rulings by the Supreme Court.”

    So it’s official now, SEPARATE RACES do exist and it is codified into law. There is no way now that the psychotic lefties can say that we are equal and there is no such thing as race. The Fifth Circuit has ruled that non-Whites need special privileges in order to compete with Whites. What a day! Shout it from the tallest mountains, “Federal courts declare non-Whites to be incompetent!”

    • journey

      It has been the official policy since the 60’s. Just gotten more insane and louder. Remember Brown vs Board of Education? The decision was based on dolls.

  • Bon, From the Land of Babble

    If the same principle and standards were applied to diversity the faculty via “holistic” hiring —mandating the diversification of professors’ political views so they’re not majority left, you can be sure they’d raise holy hell.

    Hope the alums have gotten the message that race trumps merit and equality at the U of T and that they’ll think twice about supporting a racist institution.

    Employers too should take note that the U of T emphasizes social engineering over educating the state’s best students.

  • RyanP

    I got into several arguments today in the comments section of the NPR version of this story. I was getting so frustrated by the illogical statements people were making. It wasn’t even the political position of supporting AA that was getting me angry. It was the denial of logic.

    ex 1) AA does not discriminate against whites
    -the honest statement would be to admit that it does discriminate then proceed with BS arguments for why that is acceptable. but no, they deny it is even the case

    ex 2) Opposition to AA is by definition a racist position
    -so they are taking a racially focused position, and accusing those with a racially blind position as being the racists. this is so upside down.

    But the clincher was when someone basically said “stop complaining, white people are still doing just fine”. That was the argument! So as long as whites are doing better than blacks any action can be taken to try to close the gap.

    I had to close my browser window and stop reading the comments. I wanted to scream.

    • journey

      Yes, a very good job of brainwashing = convoluted twisted logic, indeed. To your logical rational all = insanity.

    • Bon, From the Land of Babble

      Why are you on the NPR site and really, did you expect anything different?

      They are the most brainwashed of the brainwashed libtards and obama drones.

      • ncpride

        They certainly are, as I have seen for myself after commenting on an article at NPR about some White SA author who fought so hard against evil apartheid, and recently died. Despite giving facts about how bad the current situation is over there, I must be out of my mind to think things were better under White rule. As per usual, their bogus moral superiority outweighs any and all logic and fact. I won’t bother responding anymore….it’s pointless.

    • Dave West

      I’ve stopped arguing with libtards in order to save my blood pressure. Most of them are so far beyond reach its not even worth trying, especially the younger ones. Any of their points that you counter with facts doesn’t do any good, they just keep repeating the same arguments like the marxistard robots they are.

      Any facts you point out showing the failure of liberal policies, integration, etc. They always say that it is due to white privilege, Republicans, or, my favorite, “ignorant racists like you.” Of course they never form an argument beyond that.

      After a while they start to self-congradulate themselves; “I’m raising my kids to be good people so they won’t turn out racist and un-educated like you.” The acquisitions are always baseless, but of course, I am the “ignorant” one!

      Libs my have a few valid points every once in a while regarding some select fiscal subjects. For the most part they usually get everything backwards and have highly unrealistic goals. One example being the Europe debt crisis; Liberal logic: overspending is what got us into this mess, the solution must be to spend more, more, more!!!

  • journey

    The dumbing down of this country continues until it falls off the cliff.

  • OhWow

    Imagine if the rules were that unqualified whites still got spots over qualified blacks? Blacks would riot and say that it was like the Jim Crow days.

    Black and white is far from equal. Black privilege alive and well.

    • HE2

      OhWow:Imagine if the rules were that unqualified whites still got spots over qualified blacks?
      Were you to post this, deluded libs and blacks/browns, would gloatingly say, “now you know how it feels, White boy. Suck it up.”

  • MBlanc46

    Appeal on.

  • Paleoconn

    I’ve said this before and I’ll say it again. The biggest traitors to the American people are the likes of Bushlet. Obama cannot be a traitor cause he is not one of us. I don’t consider him to be an American. The loathsome Bush clan, Reagan, LBJ, McCain, these are the traitors. In the old days, lamp posts were decorated…

    • journey

      All = no courage, just looking out for number one. Little barry was the crowning glory. The next one will have to work very hard to out shine him. Could it be Hillary? or rumor is, barry’s choice is Elizabeth Warren.

  • dewdly

    If “holistic diversity” is important for quality education why do the students in racially homogenous countries do so well? Japan? Finland?

  • BillMillerTime

    I’m sure that our Republican Texas Attorney General Gregg Abbott will fight this on appeal, right? har har har….unless, of course, he’s too busy fighting Monday’s federal appellate decision court decision ordering Texas DMV to issue license plates bearing the Confederate battle flag upon request.

  • MikeofAges

    The actual plans for actual outreach to actual disadvantaged minorities might be within reason and not of themselves actually onerous in their impact on anyone else. But that is not the problem with the historic affirmative action-disparate impact system. The issue is that the system also issues guidelines and directives as to how everyone else (i.e. white people and those minorities deemed not “suscept” to discrimination) will be treated as well. The end result is the exacerbation of preference for those whites who actually have white privilege and the limitation of outreach for those who do not. Someone loves it that way. I wonder who? And I mean that. I wonder who? That blacks want to hang on to what they have is understandable, and fear of change is in their cultural nature anyway in my estimation. But what about the rest of the cabal? Who are they and why have they done what they have?

  • What U.T. Is saying is that they want White Genocide.

  • archer

    What the hell is “holistic diversity”, can you buy it at the store?

  • Alucard_the_last

    Too bad it wasn’t a minority group such as the Asians, who pressed this lawsuit. They did this at Berkeley and won ending the highly racist affirmative action. That aside, getting into a university is one thing, graduating is another. Needless to say, guess which minority group has the lowest graduation rate.

  • Alucard_the_last

    Too bad it wasn’t a minority group such as the Asians, who pressed this lawsuit. They did this at Berkeley and won ending the highly racist affirmative action. That aside, getting into a university is one thing, graduating is another. Needless to say, guess which minority group has the lowest graduation rate.

  • Alucard_the_last

    Too bad it wasn’t a minority group such as the Asians, who pressed this lawsuit. They did this at Berkeley and won ending the highly racist affirmative action. That aside, getting into a university is one thing, graduating is another. Needless to say, guess which minority group has the lowest graduation rate.

  • Epiminondas

    It is useless to reason with our opponents. If our historic American nation is to survive, we will have to fight for it.

  • Bon, From the Land of Babble

    Oh wow.

    ONE private university in the United States provides a scholarship for White males.

    Meanwhile, ALL non-Whites have access to a whole plethora of government, public and private scholarships – some paid for by White taxpayers that are OFF LIMITS to their own children.

    • Wholly Unconvinced

      Bah… I hate when replies get modhammered before I get a chance to see them… really stifles the flow of conversation.

  • Roger Smith

    “In that context, race may play a role–but whether minority status helps an applicant is not at all clear. In fact, the holistic process accounted for only 12 percent of the black students in the class, and 16 percent of the Hispanics.”

    If minority status doesn’t help an applicant, then why have the controversial policy to begin with? You can’t have it both ways.

  • Wholly Unconvinced

    “A” private university! Well stop the presses folks, it looks like anonymous here has just put the truth before our evil, racist eyes, I guess equality is here!

    Also, is this scholarship exclusively for white males, or are they just not expressly forbidden from applying?

  • Magician

    Ignore me