In 1996, the 5th Circuit Court of Appeals ruled in Hopwood v. Texas that using racial preferences in college admissions to achieve “diversity” was unconstitutional. Texas subsequently adopted the so-called Ten Percent Plan to increase diversity without explicit reference to race. Regardless of a high school’s academic standards, a Texas high school student who graduates in the top 10 percent of his class is guaranteed admission to any government college or university in the state.
Four years later, the U.S. Supreme Court refused to hear an appeal on whether Texas schools should be allowed to admit students based on skin color. However, the University of Texas (UT) stands accused of using race in admissions. In 2008, Abigail Fisher and Rachel Michalewicz challenged UT’s use of racial preferences. They lost in district court, and the 5th Circuit agreed to hear the case.
On Tuesday, a three-judge panel of the 5th Circuit heard arguments in Fisher v. University of Texas. At this writing, the court has not issued a ruling. Either party to the case may appeal to the U.S. Supreme Court.
Last year, UT president William Powers discussed an unintended consequence of the Ten Percent Plan. He said if legislators didn’t alter the policy, UT would run out of room for students who are not admitted under the plan. (Source)
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