Considering U.S. Supreme Court Justices first heard arguments last October, and it took so long to hand down a decision on affirmative action in college admissions, I can't say I'm surprised the high court essentially punted -- or kicked the can down a dusty hot Texas road.
The U.S. Supreme Court voted 7-to-1 to send the complex affirmative action case from the University of Texas back to a lower court for further review. Justice Clarence Thomas continues to insist such affirmation action prgrams are unconstititutional on their face; Justice Ruth Bader Ginsburg insisted lower courts had already reviewed the very questions her colleagues were asking the lower court to again decide.
The University of Texas at Austin uses a convoluted framework to achieve its affirmative action goals: Three-quarters of the freshmen win admission based on their class rankings from high schools in the Lone Star State. With many of the state's high schools dominated by one racial/ethnic group or another, this achieves some measure of diversity. But a problem of academic equity is introduced as some minority-dominated, big-city schools and smaller, rural high schools may not be nearly as competitive as suburban, charter, and magnet schools. A quarter of the remaining slots take into account race along with many other factors.
A white applicant denied admission to the University of Texas under this framework sued. (Abigail Fisher instead attended Louisiana State University and graduated.)
Affirmative action is nothing more than reverse discrimination against people who had nothing to do with creating the original discrimination in the first place.
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