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The Leadership Conference on Civil and Human Rights

The Nation's Premier Civil and Human Rights Coalition

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund
The Nation's Premier Civil and Human Rights Coalition

Supreme Court Sends Equal Opportunity Case Back to Lower Court

June 24, 2013 - Posted by Tyler Lewis

In a (7-1) decision authored by Justice Anthony Kennedy, the U.S. Supreme Court reaffirmed that universities may consider racial and ethnic diversity as one factor among many in a carefully crafted admissions policy.

Writing for the majority, Justice Kennedy wrote that “the attainment of a diverse student body…serves values beyond race alone, including enhanced classroom dialogue and the lessening of racial isolation and stereotypes.”

The Court determined, however, that the 5th Circuit Court of Appeals did not sufficiently address the issue of strict scrutiny when it affirmed the district court’s ruling in favor the University of Texas (UT). Consequently, the Court remanded the case back to the 5th Circuit to reconsider the evidence under that standard.

“Today’s decision is an important victory for our nation’s ongoing work to build a more inclusive, diverse America,” said Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights. “We believe that the University of Texas’ admissions policy is a carefully crafted one that will ultimately be upheld by the Court of Appeals,”

The Fisher v. University of Texas at Austin challenge was brought by a White student who claimed she was denied admission to UT due to an admissions policy that considers race as a factor. UT crafted its admissions process for expanding opportunity to comply with the University of Michigan Law School's policy that was upheld in Grutter v. Bollinger. In 2011, the 5th Circuit unanimously upheld the constitutionality of UT's current admissions policy, saying it was consistent with Grutter.

Civil and human rights organizations have long supported equal opportunity initiatives that allow universities to consider, within a group of qualified applicants, factors in addition to test scores in order to create a diverse learning environment. In August 2012, more than 55 leading corporations, more than 35 high-ranking retired military officials, student organizations, prominent social scientists, colleges and universities, small business representatives, states, religious denominations, labor unions, and civil and human rights organizations  including The Leadership Conference filed 73 amicus curiae, or friend-of-the-court, briefs in support of UT’s admissions policy.

“The educational benefits of diversity are clear and the Court’s decision reaffirms that it is in our national interest to expand opportunities for everyone,” said Henderson. “[T]oday’s decision makes it clear that it’s time to expand our commitment to diversity in all of our institutions to ensure that we are well-positioned to compete in the diverse economy of the 21st century.”

Please sign this petition to show your support for campus-based equal opportunity initiative

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