Supreme Court rules for UT in landmark affirmative action case Fisher v. University of Texas



Take a look at the most and least diverse colleges in America. less Abigail Fisher, the Texan involved in the University of Texas affirmative action case, and Edward Blum, who runs a group working to end affirmative action, walk outside the Supreme Court in Washington, Wednesday, Oct. 10, 2012. Abigail Fisher, the Texan involved in the University of Texas affirmative action case, and Edward Blum, who runs a group working to end affirmative action, walk outside the Supreme Court in Washington, ... more Photo: Susan Walsh, Associated Press Photo: Susan Walsh, Associated Press Image 1 of / 72 Caption Close Supreme Court rules for UT in landmark affirmative action case Fisher v. University of Texas 1 / 72 Back to Gallery

The University of Texas at Austin's use of race in admissions is constitutional, the U.S. Supreme Court ruled Thursday, ending a years-long legal battle that could have upended affirmative action programs nationwide.

Abigail Fisher, who sued the university after she was denied admission in 2008, said she was "disappointed" with the high court's 4-3 ruling.

UT considers race as a factor for roughly 25 percent of students who are not admitted under a state law that grants automatic admission to the top students of a high school's graduating class.

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In the ruling, written by Justice Anthony Kennedy, the court agreed with UT's mantra through the lengthy legal battle that race is just "a factor of a factor of a factor" in the admissions process -- and is therefore limited and constitutional.

The Supreme Court suggested Fisher may have had a better shot at getting into UT if the Top 10 percent law wasn't in place and UT used race as a factor for picking its entire student body. Fisher, a white applicant from Sugar Land whose grades did not put her at the top of her class, has claimed UT admitted minority students with lower grades than hers, violating the 14th Amendment in denying her admission.

Kennedy wrote that while UT's admissions policy is acceptable for now, the flagship Texas university will need to "engage in constant deliberation and continued reflection" to ensure the policy remains constitutionally sound.

"I deeply believe in the benefits of diversity in education," UT Austin President Greg Fenves tweeted after the ruling came down. "I'm pleased that SCOTUS has reaffirmed its importance."

Various lawmakers, politicians and advocacy groups also cheered the ruling. Hillary Clinton, the presumptive Democratic nominee for president, called it "a win for all Americans."

While the high court did not strike down affirmative action policies as many had feared, the ruling is tailored to UT's policies, which are fairly unique given the state's Top 10 percent law.

"Moral order has been restored in the universe, but there will be more aggrieved whites, every time they do not prevail on the merits," said Michael Olivas, the interim president of the University of Houston Downtown and a UH law professor who helped draft the state's Top 10 percent law. "She (Fisher) is convinced she was improperly denied admissions, even though whites are overwhelmingly the beneficiaries of the percentage plan."

Read the full ruling below.

Shortly after the ruling, Fisher said, "I hope that the nation will one day move beyond affirmative action."

Edward Blum, president of the Project on Fair Representation, said, "Racial classifications and preferences are one of the most polarizing policies in America today. As long as universities like the Univ. of Texas continue to treat applicants differently by race and ethnicity, the social fabric that holds us together as a nation will be weakened. Today's decision is a sad step backward for the original, colorblind principles to our civil rights laws."

The Project on Fair Representation, a not-for-profit legal foundation based in Arlington, Virginia, provided counsel to Fisher in her challenge of the constitutionality of the UT admissions policy.

State Sen. Rodney Ellis, D-Houston, said he was "extremely pleased" the court did not "roll back the clock on a half century of progress."

"This ruling ensures that the well-established use of affirmative action to ensure diversity on campuses can be maintained, while at the same time guaranteeing that laws providing equal opportunity for all will not be tossed aside en masse," Ellis said.