"You look at all of the factors that make up a person.

But Sam Hermitte, a graduate student at studying public affairs, scorns that view. The Supreme Court previously held that the University may appeal from an adverse ruling on its jurisdictional plea of governmental immunity but remanded to the court of appeals to consider whether the State's sovereign immunity extends to the University.

The lower court once again ruled in favor of UT and on Wednesday, eight justices (Justice Elena Kagan recused herself because she dealt with the case in her previous job as solicitor general) sat for another hour-and-a-half of arguments. His grades were good although not near enough to the top of his class to guarantee him entry. Supporters of affirmative action in higher education are fearful that the court might issue a broad ruling in the case that will curtail a public university's ability to consider race in order to produce a more diverse student body. Lawyers for Fisher say in court papers that since UT already had a race-neutral plan in place they shouldn't have layered on another program that takes race into consideration.

But he had a couple of extra strings to his bow as a musician and in speaking a foreign language. The court of appeals declined to hold that the University possesses sovereign immunity. The university has the backing of Obama administration. All of those things become a factor.

Garre noted that there had not been a full trial, and Kennedy asked "if you had a remand, you would not have put in much different or much more evidence than we have in the record right now.". "They just shouldn't even look at that. In 2012, the justices heard arguments and then said nothing for eight months. "You have at least a third of African Americans who are solidly in the underclass, who are mired in poverty and have very little opportunity to get out.". For Hispanics, the numbers grew to 20% in 2008. She called it "so obviously driven by one thing only, and that thing is race. It argues that race plays a "modest and nuanced" part in its admissions procedure as the university seeks to create a diverse student body that also takes account of other factors such as class, where the student grew up, school performance relative to classmates, and political and religious affiliations.

"By holding that UT discriminated against Ms. Fisher and reversing the judgment below, the Court will not only vindicate her equal-protection rights, it will remind universities that the use of race in admissions must be a last resort -- not the rule.". On top of that program, UT also considers race and other factors for admission. Photos: Today's Supreme Court… They say that because Fisher graduated from LSU in 2008, she lacks the necessary injury -- or standing -- to bring the case before the justices. Washington (CNN)Supreme Court justices appeared divided Wednesday about the future of a program at the University of Texas that takes race into consideration as one factor of admissions. But that did not necessarily translate into support for racial preferences. Although early on he suggested the case might need to be sent back down to the lower court, by the end he seemed to move away from that notion. "UT failed to show that its pre-existing race-neutral admissions program could not achieve the desired level of diversity," her lawyers argued in court papers. Justice Anthony Kennedy, who could be a key swing vote in the highly anticipated case, suggested at one point the case should be sent back to a lower court to give the school an opportunity to present more evidence about the plan. "You begin with the fact that by making an exception to the principle of non-discrimination you're setting a very dangerous precedent and also it's personally unfair to tell somebody that you would have gotten in if you'd had a different skin colour. Race is a very important factor in today's society – there's no getting around that. "I think on a college application you shouldn't even be able to print what your ethnicity is," Kaitlin Valentine, a biology major. Roberts noted that court precedent from a 2003 case called. The three liberal justices on the bench appeared largely supportive of the plan. Ultimately, they issued a narrow opinion sending the case back down to a lower court for another look. The Supreme Court ruled that in states where public graduate and professional schools existed for white students but not for black students, black students must be admitted to the all-white institutions, and that the equal protection clause required Sweatt's admission to the University of Texas School of Law.

The Supreme Court affirmed, holding (1) private universities do not operate as an arm of the State government through their police departments; and (2) extending sovereign immunity to the University does not comport with the doctrine's purposes, nor is it consistent with enabling legislation that extends immunity to peace officers engaged in law enforcement activities. The conservatives on the bench were well aware that the case probably comes down to Justice Kennedy. They say the current program looks at each applicant as a whole person, "thus offsetting the one-dimensional aspect of the Top Ten Percent Law," and considers the applicant's race only as one factor among many to examine the student. The group also backed a case heard at the court Tuesday challenging how states draw their legislative lines. ", She suggested she thought it wasn't a good substitute for an admissions program that allows race to be taken into consideration as one factor. She was denied admission.

Outside of the court on Wednesday, Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund said, "Conservative activist Ed Blum, who is behind this suit and similar ones, never questions the right of colleges to consider anything other than race -- like hobbies, gender, age or hometown." Protests at the University of Missouri broke out earlier this fall over racial concerns that eventually. They point out that in the past, attempts to use race-neutral efforts to achieve diversity including scholarships aimed at recruiting qualified students of all races from lower socioeconomic backgrounds have failed. It concerns a theory called "Mismatch" popularized by authors Stuart Taylor Jr. and Richard Sander that suggests affirmative action programs don't always benefit minorities. "Affirmative action is supposed to remedy a lot of historical inequalities that have been the result of the civil rights tensions our country has gone through. She said that if a school isn't allowed to consider race as a part of a holistic review of a student, "then the holistic percentage, whatever it is, is going to be virtually all white. I know Hispanics do fall under the umbrella of being a minority but in Texas I don't feel like there's discrimination against Hispanics," he said. Critics want the court to rule that it is illegal to consider race in any shape or form in university admissions, a move that could turn efforts to broaden higher education in the US on their head. The supreme court ruled that the black law school might be separate but it was not equal both in the quality of its facilities and teaching staff. If race doesn't fit into a category it's because it's not supposed to," he said. Texas has an unusual but not unique law that allocates 75% of places at the university to the best performing students in each state-run school. More than 60 years later, a series of supreme court rulings have barred the use of racial quotas or a points system based on ethnicity as part of university admissions. Its president, Roger Clegg, who served in senior legal positions in the Reagan and Bush senior administrations, calls the university's policy "racial gerrymandering".

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