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As demographic changes occur and historical discriminatory practices are changed, the argument that race preferences in admissions are necessary to combat the vestiges of racial discrimination will likely lose its force.Few legislatures are likely to confess racial prejudice or to acknowledge it in their state agencies.For now, with the Supreme Court has vacated and remanded the appeals court ruling: "The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity." The Supreme Court ordered the appeals court to reconsider the key holding of - that any plan be narrowly tailored.
It is sad that such a plan as operationalized has occasioned such misunderstanding, even by Justice Ginsburg in her dissent, and given aggrieved Anglo plaintiffs more occasions to assume that if they are not admitted, it must have been due to a lesser-deserving minority taking their place.
This did not happen here, and the Circuit should uphold its earlier ruling.
"Critical mass" has to mean something different in New Hampshire than it does in Texas.
Not only were some members of the appeals court distressed that the percent plan had been implemented, but in a special concurrence with the decision rejecting Fisher's suit, Circuit Judge Emilio M.
Garza wrote to show his special disdain even for s lead in finding that the University of Texas's race-conscious admissions program satisfies the court's unique application of strict scrutiny in the university admissions context.
I concur in the majority opinion, because, despite my belief that represents a digression in the course of constitutional law, today's opinion is a faithful, if unfortunate, application of that misstep.
The Supreme Court has chosen this erroneous path and only the court can rectify the error.
In the meantime, I write separately to underscore this detour from constitutional first principles." In this round of deciding the constitutionality of Texas public college admissions standards, the circuit was once again calling into question the legitimacy of the Supreme Court's decision-making, as it had done in was on the table. Minorities with real grievances, such as racially profiled Mexican-origin citizens in Arizona, gerrymandered black and Latino voters in Southern states, and even majority educators in Louisville and Seattle who tried to desegregate schools -- these claims are stonewalled and denied by this conservative Supreme Court, but the inadmissible applicant Fisher is encouraged that she was somehow deserving of yet another bite at the apple, even as she was not admitted under her own power and merits.
When admissions committees at selective colleges choose from among thousands of applicants, nearly all of whom have the credentials to do the work, they are doing exactly what they are charged to do: assembling a qualified, diverse student body.
The Supreme Court rulings sanctioned this approach; common sense dictates it; and no anecdotal horror stories or isolated allegations can change this central fact.