UT-Austin faces a third lawsuit claiming that white students were unfairly denied admission under affirmative action
By Raga Justin
The Texas Tribune
July 22, 2020
A national organization has filed a lawsuit
against the University of Texas at Austin on behalf of two white
students who were denied admission, marking the third time the school
has been sued by this group over an admissions policy they call
"racially discriminatory."
The group, Students for Fair Admissions,
is a nonprofit of "more than 20,000 students, parents and others" who
believe that racial classifications and preferences in college
admissions are "unfair, unnecessary, and unconstitutional," according to
the group's website. The lawsuit, which was first reported by the Austin-American Statesman,
claims that at least two white students applied for admission to
UT-Austin's 2018 and 2019 freshmen classes and were denied based on
their race.
The applicants, who currently attend other
universities in Texas, are "ready and able to apply to transfer to
UT-Austin when it stops discriminating against applicants on the basis
of race and ethnicity," the lawsuit said.
Several high-profile UT System officials
are named as defendants in the suit, including Chancellor James B.
Milliken and members of the Board of Regents, along with interim
UT-Austin President Jay Hartzell.
Previous attempts to overturn the
use of race in UT-Austin's admissions policies have proven
unsuccessful, including a 2018 lawsuit by the same group that was
dropped earlier this month. Students for Fair Admissions was also behind
the high-profile Fisher v. University of Texas at Austin case, which
ended up at the U.S. Supreme Court in 2016 and culminated in a 4-3 ruling in favor of the university, with the court holding that UT-Austin's race-conscious admissions policy did not violate federal law.
The same group has sued administrators at Harvard University. A federal judge ruled in favor of Harvard last October, upholding the inclusion of race as a consideration in applications.
In 2018, about 75% of UT-Austin students received automatic admission to the school through the Top 10 Percent Rule,
a state law that offers admission to Texas students near the top of
their high school class. The university has factored race and ethnicity
into its admissions decisions for the remaining applicants since 2003,
when a different U.S. Supreme Court ruling declared race-based
affirmative action constitutional.
"The university is reviewing the new
lawsuit from (Students for Fair Admissions)," said J.B. Bird, a
UT-Austin spokesperson, in a statement. "We agreed with the judge's
decision to dismiss (Students for Fair Admissions)'s previous lawsuit,
and we remain confident in the lawfulness and constitutionality of UT
Austin’s holistic admissions policy, which the U.S. Supreme Court upheld
in 2016."
In a statement, the group's president Edward
Blum said the latest lawsuit is a reaction to UT-Austin's "blatant
failure" to follow the Supreme Court's instructions from the 2016 Fisher
ruling to continue evaluating the use of race in its admissions policy.
“The Supreme Court did not give the
University of Texas a blank check to use race-based preferences in
perpetuity, and the university has failed its obligation to reexamine
its policies," Blum said.
EDITOR'S NOTE: The Top 10 Percent Rule is a joke. Students in the top 10 percent at predominantly minority schools could be in the bottom 10 percent of the best predominantly white schools.
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