Supreme Court to hear affirmative action case regarding college admissions

Less than a decade after the U.S. Supreme Court upheld the use of race as a factor in college admissions, a new case could reverse that decision, affecting public universities nationwide.

The Supreme Court decided last week to hear the case Fisher v. University of Texas, which will again raise the question of whether the use of race in college admissions is constitutional.

Abigail Fisher, a white high school student, filed a suit against the University of Texas at Austin in 2008 after being denied a spot in the university’s entering freshman class. Fisher, now a senior at Louisiana State University, alleged she was turned down in favor of less-qualified minority applicants.

She claims her rights under the 14th Amendment’s Equal Protection Clause were violated.

A ruling in favor of Fisher could restrict or eliminate race-conscious admissions nationwide, including within the UNC system, said Steve Farmer, vice provost for enrollment and undergraduate admissions at UNC-CH.

UNC’s undergraduate admissions policy states that applicants will be evaluated in part on their ability to “help achieve variety within the total number of students admitted and enrolled,” though there are no specific quotas based on race.

“We do consider race in admissions as one form of diversity, and diversity is one factor among many,” Farmer said. “A negative decision (against UT-Austin) would require that UNC change something that it does.”

Fisher’s side is arguing that UT-Austin takes race-conscious admissions too far, particularly because the school’s Top Ten Percent Plan already ensures campus diversity.

The plan guarantees admission to any student in the top 10 percent of a state high school’s graduating class.

Bill Powers, the university’s president, said in a statement that the school’s policies are well within the boundaries of the 2003 case Grutter v. Bollinger, which upheld the University of Michigan’s use of affirmative action in admissions to their law school.

“(Grutter ruled that) the nation’s future depends upon leaders educated and trained through wide exposure to the ideas and mores of students as diverse as this nation,” Powers said. “Our admissions policy embodies that vision.”

Lela Clark, director of admissions at UNC-Pembroke, said she doesn’t see the case having a noticeable impact at UNC-P, which is ranked by U.S. News and World Report as the most ethnically diverse public university in the South.

“We haven’t recognized a particular affirmative action plan in admissions for the past 15 or 20 years,” she said. “Our diversity has continued to blossom by itself.”

Farmer said studying alongside students who come from every background is a critical part of a UNC education.

“Students from different backgrounds have more to teach each other,” he said. “I think students here tend to appreciate (the diversity).”

He said he has occasionally had to deal with concerns at UNC similar to Fisher’s, though the issue of race is not the only factor in admissions that causes complaints.

“When people don’t get into the college of their choice, anyone who gets in can become a target of disappointment,” he said.

Charles Daye, a UNC law professor, said it remains to be seen what impact the case might have, both in North Carolina and nationwide.

“If they overrule Grutter, which is not a guarantee, many schools will be back at square one (with their admissions policies),” he said.

Supreme Court Justice Elena Kagan, a liberal-leaning judge who would likely have supported UT-Austin’s admissions policies, recused herself from the case. She will not take part because she served as U.S. solicitor general when Texas’ lower courts heard the case in 2009.

Eight justices will serve on the panel, and five affirmative votes are required to strike down the University of Texas’s use of race in admissions. The court is expected to hear the case this fall.

Contact the State & National Editor at state@dailytarheel.com.