Yesterday, a three-judge panel of the 5th Circuit Court of Appeals heard oral arguments in a case brought by two white students who were denied admission to the University of Texas at Austin. The lawsuit claims that the use of race and ethnicity in undergraduate admissions policies violates the U.S. Constitution and federal law. U.S. District Court Judge Sam Sparks dismissed the lawsuit last year holding that the universities use of race and ethnicity as factors in admissions is constitutionally acceptable.
Affirmative action policies were effectively banned in 1996 by the 5th Circuit ruling in Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) which held that a person’s race could not be considered in the admissions process. The Hopwood decision was overturned in 2003 when the U.S. Supreme Court ruled in Grutter v. Bollinger, 539 U.S. 306 (2003) that the diversity of student bodies is a compelling state interest and that race considerations may be taken into account in the admissions process.
http://diverseeducation.com/article/13999/appeals-court-to-consider-use-of-race-in-ut-s-admissions-policies.html
Is the University of Texas violating the law by considering race and ethnicity when it decides whom to admit to its freshman class? Is diversity of student bodies a compelling state interest such that race should be taken into account in the admissions process?