University Of Texas Violates Court Decisions On Use Of Race In Admissions

By Hans Bader

When journalists and commentators discuss the Fisher v. University of Texas case, they seem to grapple only with whether the University of Texas’s race-conscious admissions policy complies with the 2003 Grutter decision, which upheld a law school’s use of race in a 5-4 vote.  But they never discuss whether it complies with the restrictions on using race in many other Supreme Court decisions, such as another case decided the same day as the Grutter decision, the Supreme Court’s decision in Gratz v. Bollinger. Gratz laid down additional restrictions on using race, and struck down the University of Michigan’s undergraduate admissions policy. The Gratz decision says universities must prove their use of race is narrowly-tailored and used no more than necessary. This could be fatal to the University of Texas, which seems to assume those challenging its use of race bear the burden of proof on every issue, such as whether it could achieve a diverse class without using race, or without using race so heavily. The Gratz decision also is binding precedent, decided by a 6-3 vote (although only five justices joined in the majority opinion in that case).  To Read More…..   

Further reading....and I really do recommend reading both of these article in order to get a clear picture of just how insane this has become.

Unbridled Use of Race in School Admissions Must be Curtailed
Race-based student goals prompt controversy in South Florida

My Take – As you read this you can only come away with one conclusion.  Absolutely no one has a clue about what is right, wrong, legal, or illegal…including the Congress, the Supreme Court and the whole thing is a mess.  I have the answer.  Eliminate any quotas of any kind by any government, state, local or national.  Let the university regents set their own admission standards for whatever reason they please.  Eliminate government grant money to the colleges and universities.  Make all universities private self funding institutions. 

Wow!  Now that is a shocker isn’t it.  But that is what it will take.   

Will some institutions attempt to keep blacks out? Yes.  But there will be some that will keep Jews out, some that will keep Orientals out, etc.  So what?  This would be the perfect opportunity for every group that is being excluded unfairly based on race or ethnicity to form their own universities with their own standards, hopefully higher standards.  If they are unable for financial reasons or there isn’t sufficient numbers of a particular group, then other opportunities will have to be taken advantage of until those factors change.  If they are unwilling, then they should be allowed to go their own way. 

The most important group that ALL of these self funding institutions will keep out are those who are academically unworthy.  

Now…..”That’s a good thing”! RK