Scalia questions place of some black college students in elite colleges

Fisher has since graduated from the Louisiana State University and would win a $100 reimbursement for her application fee if the court ruled in her favor. In 2014, the Court, on a 6-3 vote, said there was nothing unconstitutional about UT’s system. He seemed conflicted, suggesting that the case again be sent to a lower court as “additional fact finding” was required.

The justices must decide whether the university’s use of racial preferences in admissions violates the Constitution’s equal protection guarantee. Adam Liptak of the New York Times says, “a majority of the justices appeared unpersuaded that the plan was constitutional”. He said there are things “that we should know but we don’t know”. If that’s the case, then a ruling against UT-Austin might eliminate affirmative action everywhere, she said.

Justice Anthony M. Kennedy, who nearly surely holds the deciding vote, voiced frustration because university lawyers could not quantify in detail what role race plays in Texas in determining which students are admitted.

Rein argued that the university had not passed the test: UT had not, he argued, clearly shown what compelling interest it was advancing that justified the use of race, that the use of race was necessary to advance that interest, or that the program was narrowly tailored to advance the interest. Fisher’s attorney, Bert Rein, argued that the university could achieve the diversity it sought by weighting more heavily socio-economics in holistic review and omitting race altogether.

Some of the court’s conservatives voiced skepticism about the success of affirmative action, its long-term value and even whether it is harmful to some minority students.

Texas has a unique admissions policy known as the Top 10 Percent Plan, in which the highest-ranked students at every high school are automatically admitted into a public university.

To complement Texas’ automatic admissions law, the university also admits a segment of the class through a holistic process.

Scalia said he was not convinced the University of Texas needed more black students. “Students are admitted from lower performing schools because of the segregation that exists in the state, and these students benefit from the opportunity”.

US Justice Antonin Scalia has suggested sending African American students to “less-advanced schools” that are on “slower tracks”.

“Minority admissions have actually increased, and even more importantly, minority graduation rates have gone up quite considerably”, Grossman said.

“When you are talking about the African-American population of 3 or 400 in a class of 6,000, the idea that there is a material risk of racial isolation in that situation is quite strong”, Verrilli said.

Only eight justices heard the case as liberal stalwart Elena Kagan had to be recused due to her involvement at an earlier stage when she was a lawyer for the government.

“Like most Americans, I don’t believe students should be treated differently due to their race”, she told reporters.

Fenves, president of The University of Texas at Austin, speaks to members of the media in front of the U.S. Supreme Court building on Wed., Dec. 9. Of course, no one would take such an argument seriously because of course getting a leg up into Harvard, or UT-Austin (which does not have legacy admission), helps the student in the long run.

Garre tried to interject, but the justice continued.

University officials contend that the top 10 percent method alone does not generate a sufficient mix of students for educational diversity.

“Considering race with so many other factors is critical in acknowledging the full depth a student brings to our campus”, Nwora said.

Fisher’s case has been supported by conservative and libertarian advocacy groups, while UT is backed by civil rights groups, progressive advocacy organizations, higher educations institutions, retired military officers, and multiple businesses, according to Scotusblog.

He also claimed that the combination of the two schemes at the University of Texas Austin campus had driven white students into a minority.

A decision is expected by late June.