Supreme Court again considers case involving affirmative action and college

“There are African-American students for whom the local community college might be better than the University of Texas, Austin, but guess what?” (Justice Elena Kagan had recused herself the case, having participated in it in her previous career as a lawyer for the government.) But some of the following arguments put forth by their conservative counterparts suggest the practice could still be very much in jeopardy.

“What unique perspective does a minority student bring to a physics class?” asked Roberts when presented with the argument that diversity was necessary to providing a better educational experience for all students.

Justice Sonia Sotomayor said that she benefited from affirmative action and noted that college campuses are still rife with racism.

Below are excerpts from arguments before the Supreme Court Tuesday over a challenge to the use of race in college admissions at the University of Texas. The remaining 25 percent of the student body is based on what the university has dubbed “holistic” admissions, which takes into consideration personal factors-socio-economic status, race/ethnicity, family composition, and the like-in addition to standard academic measures.

The University of Texas argues that if it went to the structure advocated by Fisher and her legal team, the Austin campus would wind up nearly entirely white. “Will every school have to use the 10% plan?” They say additional factors – including race – should be considered. Alito expressed doubt over the suggestion that minority students admitted under the top 10 percent plan were not at the same level as those accepted under the standard review program, calling it “terrible stereotyping”. As for the larger 75 percent, the university accepts any incoming freshmen that are part of the top 10 percent of their schools’ graduating class, a policy known as the Top Ten Percent program.

Greg Garre, the lawyer for the university, faced tough questions not just on the specific program but on the future of affirmative action altogether.

“I’m just not impressed by the fact the University of Texas may have fewer [blacks]”.

Civil rights activist Rev. Al Sharpton addresses supporters of affirmative action outside the U.S. Supreme Court in Washington, D.C., December 9, 2015. Is this going to be done on-in your view in 12 years?

Meanwhile, Carrie Severino, who is chief counsel for the Judicial Crisis Network, defended Justice Scalia and said that he was not saying blacks are inferior students. “They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in – in classes that are too – too fast for them”.

Solicitor General Donald Verrilli Jr., who argued in favor of the Texas plan, said, “What the court is going to say in this case obviously is going to apply eventually to every university in the country”.

“The idea is that if a student is admitted to a school they are not academically prepared for then they will not perform up to their own potential”, Severino said.

The case is closely followed, with an array of business and education interests backing affirmative action.

Her liberal colleagues Stephen Breyer and Ruth Bader Ginsburg also appeared to back the university. Outside the court, Fisher said that she was “humbled and grateful” that the Supreme Court agreed to hear the case again.

We’re curious to hear what people like the Harvard-educated, outspoken Neil deGrasse Tyson has to say about Scalia’s comments. “It’s as if nothing had happened”.

Although more evidence could be introduced if the case returns to a lower court, Kennedy later suggested the justices themselves could re-examine data provided by the university. TPM illustration by Christine Frapech.