The University of Texas has been sued, again, for its racially discriminatory undergraduate-admissions policy. This time, the claim has been brought in state court, and the allegation is that the policy violates the state constitution’s ban on such discrimination. It’s asserted that the “diversity” exception that have been carved out of federal antidiscrimination law in student admissions doesn’t exist in Texas law.
The lawsuit has been brought by Students for Fair Admissions (SFFA) — a nonprofit membership organization made up of over 21,000 students, parents, and others. SFFA has members who were recently rejected from UT; its president is Edward Blum, who was the principal force behind Fisher v. University of Texas, which twice went to the U.S. Supreme Court. SFFA also has pending lawsuits against Harvard and the University of North Carolina–Chapel Hill.
This is great news, and kudos to Mr. Blum, his lawyers, and of course most of all to the SFFA. It’s important for universities that insist on engaging in this sort of discrimination to know that the political and legal pressure on them to stop will be unremitting and resourceful, and that message is being sent, loud and clear. As the press release notes: “According to a Gallup Poll conducted days after Fisher was decided last year, ’seven in 10 American say merit should be the only basis for college admissions’ and ‘65% disagree with the Supreme Court decision allowing race to be a factor.’”