As a result of the decision, experts say colleges should be able to continue using race as a small factor in admissions for the short term. But they will have to approach the issue even more carefully. UT President Bill Powers indicated his school will stay the course on its policy.
“Today’s ruling will have no impact on admissions decisions we have already made or any immediate impact on our holistic admissions policies,” said Powers, who added that the school would continue to defend the policy against Fisher’s lawsuit.
In its 7-1 ruling, the Court said that the Fifth Circuit Court of Appeals did not apply to the Texas plan the “strict scrutiny” required for policies that utilize race in admissions. “Strict scrutiny must not be strict in theory but feeble in fact,” said Justice Anthony Kennedy in issuing the ruling.
In the case, plaintiff Abigail Fisher claimed that she was denied admission to the university because she is White. Fisher’s attorneys also argued that Texas already had a policy to encourage diversity — its plan to grant admission to any student who finishes in the top 10 percent of his or her high school class.
But the university said that policy alone was not sufficient to promote diversity and sought to employ race as a small factor in making admissions decisions.
The only dissenter in the case was Justice Ruth Bader Ginsburg, who said the Court should have upheld the Texas policy and not returned it for further review. She noted that race is already a factor in the state’s 10-percent admissions plan, given the segregation of many Texas neighborhoods and communities.
