Affirmative Action at U. Texas Upheld by Fifth Circuit

A panel for the U.S. Court of Appeals for the Fifth Circuit has upheld the use of undergraduate racial admissions preferences at the University of Texas. Actually, this is not a bad outcome for those of us who oppose such discrimination. Win or lose in the Fifth Circuit, we want this case to end up before the Supreme Court, and the badly divided three-judge panel here tees the case up well (especially Judge Garza’s concurrence, which is highly critical of the Supreme Court’s University of Michigan decisions in 2003). And, since our side lost, we are sure to keep the ball rolling to the Court; the other side will be under pressure to keep the case away from the Court, even if they lose in the lower courts. Finally, it’s good that the Fifth Circuit acted fairly quickly: The composition of the Supreme Court is more likely to get worse rather than better in the near future.

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