U. of Texas Asks Supreme Court Not to Hear Admissions Case

As expected, the University of Texas at Austin on Wednesday formally asked the U.S. Supreme Court not to hear an appeal of lower court rulings upholding the institution's right to consider race and ethnicity in admissions decisions. Those challenging the Texas policies argue that because the university has attracted diverse students with a race-neutral approach (admitting those in the top 10 percent of their high school classes), Texas should not be permitted to consider race. The university argues that the lower courts got it right in that some level of success in one diversity strategy does not preclude a university from adopting other strategies to enhance diversity. The Supreme Court is likely to announce early next year whether it will hear the case, which would be its first consideration of affirmative action in higher education since 2003.