SCOTUS punts affirmative action back to lower court

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http://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf

An applicant was denied admission to a university which uses race in admissions. The applicant is a white female, who would have been accepted if race hadn't been considered (ie, her other determining factors place her above students who were accepted, except they had slightly better overall score due to their race).

The Supreme Court accepted the case, and after deliberation determined that the lower courts hadn't shown that race is the only way to generate a diverse student body.

Essentially, insofar as I can tell, the ruling means race cannot be used to determine admission unless the university can show that there is no other way to create diversity in the student body.

Remember that the court already ruled on affirmative action in 2003 with Grutter v. Bollinger, where the court ruled that a university does have a compelling interest in generating diversity on campus.

Two of the differences between the two cases are:
1.That case said "diversity is compelling" this case is asking, "is affirmative action the only way to generate diversity?"
2. A more conservative supreme court

We'll see if the university continues to press its case in the lower courts to prove that diversity can really only be generated through affirmative action.
 
I should note that while the ruling limits use of affirmative action (assuming no more appeals are made) it doesn't specifically strike down the texas plan.

I will have to re-read it later, but they may actually be asking the plaintiffs to show that the university has other avenues to encourage diversity without using affirmative action...?

Anyway, check for news coverage later today for far better analysis than what I've provided above.

Tomorrow's rulings are likely to be far more interesting than this one anyway...
 

Dave

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The problem I have with her case is that higher scoring minorities at her college as well as lower-scoring whites were admitted, which kinda throws holes into her argument.

I will say, though, that I'm a member of a scholarship committee where I work and non-whites automatically get a score bump, which I feel kinda icky giving. Of course, so do single parents and those who have performed community service. So if you are a single black mom who volunteers at a shelter, the committee creams itself to give you money, regardless of your FAFSA score or GPA.
 
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