The Leadership Conference on Civil and Human Rights

In a major victory for equal opportunity, a federal district court ruled in favor of the University of Texas at Austin's current admissions policy, in which race is only part of the consideration process for students' admission to the university. 

The court's decision, issued by Judge Sam Sparks, lauds University of Texas' plan to "break down racial stereotypes, enable students to better understand persons of different races, better prepare students to function in a multi-cultural workforce, cultivate the next set of national leaders, and prevent minority students from serving as 'spokespersons' for their race."

The case, Fisher v. Texas, is the first to challenge the Supreme Court's 2003 decision in Grutter v. Bollinger, which upheld the use of race as one of many factors colleges and universities can use in admissions.

In recent years, Texas has been a hotbed for both advocates and opponents of equal opportunity admissions.  From 1996-2003, consideration of race in the admissions process was deemed unconstitutional in Texas by the Fifth Circuit Court of Appeals, which resulted in a sharp decline of minority enrollment at Texas colleges and universities.  University of Texas at Austin's current admissions policy was adopted following Grutter, and works in tandem with a state law guaranteeing admission to the state university school system for high school students ranking in the top 10 percent of their graduating class.

Today is the 31st anniversary of Regents of the University of California v. Bakke, a 1978 Supreme Court case that banned race-based quotas in college admissions while stating that these institutions have a "compelling state interest" in achieving diverse student bodies.  The Court ruled that admissions boards can use race as one of many factors to achieve diversity. 

The University of California-Davis School of Medicine had two admissions processes, one for standard applicants, and another for minority and economically disadvantaged students. After not being able to attain the desired minority and economically disadvantaged students it sought, UC Davis created the special admissions process in 1973. Each year, 16 of the 100 slots for medical school students were reserved for admits under the special program.

Today, the Supreme Court heard oral arguments in Ricci v. DeStefano, a race discrimination lawsuit against the city of New Haven, Connecticut, by White and Latino firefighters who claim that the city's decision not to certify the results of a firefighter promotion test discriminated against them.

Two lower courts agreed that the city made the correct decision.

In 2003, the city administered a test to firefighters seeking promotion to the positions of lieutenant and captain. After the test, the city learned that only two out of 50 minority candidates would have been eligible for the promotion based on the exam results.

New Haven is a racially mixed city. About 44 percent of its residents are White, 37 percent are Black, and 21 percent are Latino.

As an employer under employment discrimination laws, the city was responsible for re-examining the process to ensure that it was fair.  The city concluded the process was flawed and chose to abandon the discriminatory exam.  It ultimately found less discriminatory alternatives that accomplished the same goal.

Victor Bolden, the city's acting corporation counsel, said, "I understand [the white firefighters] disappointment, but this test had an adverse impact [on minorities]. The city did the right thing. It made a measured response in a difficult circumstance."

A decision is expected later this year.

Equal opportunity initiatives ensure equal access to educational and professional opportunities for qualified minorities, women, and members of other underrepresented communities. In the 2003 Supreme Court case Grutter v. Bollinger, the Court reaffirmed the importance of these policies and stated that race could be used as one of many factors in college admissions.

California, Washington, and Michigan passed ballot initiatives that banned equal opportunity initiatives in public hiring, contracting, and admissions to public colleges and universities.