The Supreme Court will hear oral arguments Tuesday in Fisher v. University of Texas, the court’s first case on the use of race in higher education admissions since its decision in Gratz v. Bollinger and Grutter v. Bollinger.
Gail Heriot of the U.S. Commission on Civil Rights says new research indicates that race-preferential admissions to America’s top universities are hurting those they are supposed to help.
“If this research is right, we now have fewer minority science and engineering graduates than we would have under race neutral admissions policies,” Heriot said in an amicus brief filed along with fellow commissioners Peter Kirsanow and Todd Gaziano.
“We have fewer minority college professors . . . fewer minority lawyers too.”
On the other hand, The American Educational Research Association says it isn’t so. “Research continues to show that student body diversity leads to important educational benefits,” the group, along with other research associations, said in its amicus brief to the court.
The Supreme Court has received 92 “friend of the court” briefs filed in Fisher v. University of Texas, which it will hear Tuesday, seventy three on behalf of UT and the rest supporting Fisher or in opposition to affirmative action. The point of these briefs is to inform the justices of the consequences.
Abigail Noel Fisher, who is white, says she was denied admission to UT in 2008 while the university’s policy resulted in African American and Hispanic students with lesser credentials being admitted.
UT says race is just one of many characteristics it considers in a “holistic” review of some applicants to build a diverse class, as governed by past Supreme Court decisions.
“The amicus briefs explain to the court the importance of what the decision means to everyone else. In this case, not just the 50,000 students at UT,” but to students in universities across the country, said Lisa S. Blatt, an attorney who has appeared frequently before the Supreme Court.
Abigail Thernstrom, another Civil Rights Commission member, says affirmative action undermines race relations “by heightening stereotypes and creating greater separation and self-segregation between racial groups.”
She adds that the preferences create disincentives for black and Hispanic students to work hard and they increase those students’ “self-doubts about their abilities to succeed academically.”
UCLA law professor Richard Sander, and journalist Stuart Taylor Jr. in a new book and in a brief to the court, say there are wide academic gaps between minority students admitted because of their race and their fellow students, and lead to lower grades and graduation rates and cause some students to switch to less-challenging majors.
http://www.examiner.com/article/u-s-supreme-court-to-decide-the-fate-of-affirmative-action