The Supreme Court upheld the University of Texas' affirmative action program in a 4-3 decision.

The first time around, the 5th U.S. In writing the majority opinion, Kennedy noted that the ruling by the appeals court in favor of the university “did not hold the University to the demanding burden of strict scrutiny articulated in Grutter [v. Bollinger] and Regents of Univ. Affirmative Action Plan Under the AAP, UT Austin is obligated to achieve and maintain a workforce that is representative of those in the recruiting area with requisite skills. Click here to contact our editorial staff, and click here to report an error. The Supreme Court did not strike down the university's consideration of race.

hide caption. "The race-conscious admissions program in use at the time of petitioner's application is lawful under the Equal Protection Clause," the court held.


An article in the Wall Street Journal quoted Kennedy as stating his view that because racial classifications inherently are “odious to a free people,” universities “must prove that the means” they use “to attain diversity are narrowly tailored to that goal.” Kennedy continued by writing that UT must demonstrate “that available, workable, race-neutral alternatives do not suffice.”. tBackground: "#CCCCCC", Some universities initially established quotas in order to achieve a demographically diverse student body; these quotas were outlawed by the United States Supreme Court in Regents of the University of California v. Bakke in 1978. By providing minorities with new opportunities, affirmative action may introduce them to other interests they would not have discovered otherwise. [35], Additionally, the following federal laws may apply to any company that meets certain conditions:[36], Federal nondiscrimination and affirmative action laws in Texas are enforced by the Equal Employment Opportunity Commission. Admission or Participation in Training Program, Labor Code Sec. Surprisingly, the sole dissenter was Justice Ruth Bader Ginsburg, who is regarded as one of the more liberal members of the court. Abigail Fisher, who challenged the use of race in college admissions, speaks to reporters outside the Supreme Court on Dec. 9, 2015.

The first reference to affirmative action was made by President John F. Kennedy (D) in 1961 in an executive order directing government contractors to take "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." The college has repeatedly defended its affirmative action policies, even winning a Supreme Court case this summer, despite charges of reverse racism against Asian Americans and whites. According to the Equal Protection Clause of the. For more information, read, University of Texas Student Bake Sale Protests Affirmative Action. See the table below for further information about EEOC field offices serving Texas. County Courts at Law | Lawyers say the woman challenging a University of Texas affirmative action policy was a good high school student, a talented musician and a frequent volunteer. [2][4][6][7][8], The use of affirmative action programs was initially intended to be temporary.

As a result, all public universities in Texas ended the practice of considering race in admissions for several years beginning in 1997. Circuit Court of Appeals upheld the constitutionality of the program, but the Supreme Court sent the case back with new instructions to give the case a tougher scrutiny. However, racial quotas in university admissions were banned in a 1978 United States Supreme Court case, Regents of the University of California v. State legislature | Since standards are lowered by preferential treatment, minorities only aim for those lower standards. However, state law specifically clarifies that employers are not required to give preferential treatment to any person due to their "race, color, disability, religion, sex, national origin, or age" to narrow any gap between the percentage of such persons employed and the percentage in the general population. About OIE In order to achieve a representative workforce, employment and hiring goals are established for each job category based on statistical data in regards to availability pools of applicants. All Rights Reserved. On the other side of the argument, Edward Blum, the neoconservative American Enterprise Institute fellow who led the legal challenge to UT’s policy, said the court had “established exceptionally high hurdles” for universities that wish to continue race-based admissions policies. [35], Texas also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[36], The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Civil Rights Division of the Texas Workforce Commission. “That would amount to outright racial balancing, which is patently unconstitutional.” Grutter, supra, at 330. Justice Thomas Likens Affirmative Action to Segregation Laws. Supreme Court Declines to Rule on Texas Affirmative Action Case, Kamala Harris Is Not Qualified to Be (Vice) President, TWA Flight Conspiracy Theories Advanced in New EPIX Channel Video, High Court Rulings Strike Blows to DOMA, California’s Prop. What's on my ballot? That decision is vacated, and the case is remanded for further proceedings.”, Again referring to Grutter v. Bollinger and Univ. linkColor: "#0b0080",

Fisher appealed once again to the Supreme Court. Affirmative action policies have caused "reverse discrimination" against whites. Taxes, Communications: Kristen Vonasek • Kayla Harris • Megan Brown • Mary Dunne • Sarah Groat • Heidi Jung Once the University has established that its goal of diversity is consistent with strict scrutiny, however, there must still be a further judicial determination that the admissions process meets strict scrutiny in its implementation.

She argued that students of color with the same credentials were accepted into the school, while she was denied admission.

The ruling also affected affirmative action admissions in Louisiana and Mississippi, two other states covered by the Fifth Circuit. However, some still felt that preventing discrimination was not enough, so President Johnson issued an executive order that created the means to enforce affirmative action policies for the first time.

21.054. The club encouraged students to “to buy a cookie from us and talk about the disastrous policy that is affirmative action.” The Supreme Court upheld the University of Texas' affirmative action program in a 4-3 decision. We engage in dynamic community-university partnerships designed to transform our lives.
Today, a common form of affirmative action in college admissions is that of racial preferences. The EEOC operates field offices in 15 districts. The court’s decision reaffirms that it is in our national interest to expand opportunities for everyone.”. Energy |

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