UT can continue to use race as a factor in freshman admissions after the 5th Circuit Court of Appeals handed down a ruling Tuesday that affirmed the policy’s constitutionality.
Two white female students denied admission to UT in 2008 filed the case Abigale Fisher, et al. v. State of Texas, et al., but they lost the case in 2009 in a ruling by Austin District Judge Sam Sparks. A panel of three circuit court judges denied their appeal Tuesday. The plaintiffs could potentially appeal to the U.S. Supreme Court, but there is no guarantee the case will be heard.
In its decision, the court ruled UT adhered to legal standards set out in Grutter v. Bollinger, a 2003 U.S. Supreme Court case that allowed the use of race as a factor for admission to the University of Michigan’s Law School. The ruling applies only to UT’s admission policies in 2008 when the plaintiffs sought admission.
According to the court’s ruling, the plaintiffs argued UT’s top-10 percent admission rule provided a race-neutral alternative to increase minority enrollment. The court held the top-10 percent rule does not effectively ensure diversity.
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