Whether the 2-to-1 ruling from the Fifth Circuit Court of Appeals in New Orleans decision to allow the University of Texas-Austin to use race in college admissions to achieve diversity will have an impact on other higher education institutions is not known. Judge Patrick Higginbotham wrote. “It is equally settled that universities may use race as part of a holistic admissions program where it cannot otherwise achieve diversity.”
The decision is the result of a lawsuit filed by Abigail Fisher, a white Texan who sued the university after she was denied admission in 2008. Last June, the U.S. Supreme Court said the federal appeals court should take another look at case. After the Supreme Court ruling, there was speculation that use of race in admissions policy at the University of Texas might be stuck down. Instead the Appeal Court upheld the decision. The University of Texas “10 percent” admissions rule states that Texas students who graduate in the top 10 percent of their high school classes can earn automatic admission. For the other 90 percent there is a combination of factors in the evaluation process and race can be one of them.
University President Bill Powers said in a statement, “We remain committed to assembling a student body at the University of Texas at Austin that brings with it the educational benefits of diversity while respecting the rights of all students. This ruling ensures that our campus, our state and the entire nation will benefit from the exchange of ideas and thoughts that happens when students who are diverse in all regards come together in the classroom, at campus events and in all aspects of campus life.”
This decision might provide a moment of comfort for colleges and universities that use race as one factor or criteria for admission but the moral obligation to admit diverse students in academic institutions will not likely be won, if it has to battled in court from state-to-state.