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Supreme Court backs affirmative action policy in long-running case

Thursday, June 23, 2016

A view of the U.S. Supreme Court. Photo by Indianz.Com

By a narrow 4-3 vote, the U.S. Supreme Court on Thursday upheld the affirmative action admissions policy at the University of Texas.

The long-running case began when Abigail Fisher sued the university in 2008 after she claimed she was denied admission based on her race. The justices issued a decision in the dispute back in June 2013 but did not rule on the merits of the policy.

This time was different. Writing for the majority, Justice Anthony Kennedy said universities may take race into account in determining which students to admit although it came with a caveat.

"Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission," Kennedy wrote. "But still, it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity."

Only seven justices participated in the decision. Justice Elena Kagan was recused because she served as Solicitor General at the Department of Justice when the Obama administration submitted a brief during the earlier round in the case.

Justice Antonin Scalia passed away in February, before the court could issue the ruling. During oral arguments last December, he suggested that affirmative action hurts minority students, a frequent claim made by conservative opponents of race-conscious policies.

"There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less advanced school -- slower-track school -- where they do well," Scalia said during the hearing, according to the transcript.

"I don't think it stands to reason that it's a good thing for the University of Texas to admit as many Blacks as possible," Scalia said later.

The case is Fisher v. University of Texas at Austin.

U.S. Supreme Court Decision:
Fisher v. University of Texas at Austin (June 23, 2016)

U.S. Supreme Court Documents:
Oral Argument Transcript (December 9, 2015)