By Stephen Dinan - The Washington Times
The Supreme Court gave new life to affirmative action policies Thursday upholding a Texas universitys plan that allows officials to consider race as a plus" factor in deciding whom to admit.
While warning against a formulaic" devotion to racial classifications the court in a 4-3 ruling said the
University of Texas at Austin only used race as a minor" factor affecting just a small percentage of enrollments.
The
University must continue to use this data to scrutinize the fairness of its admissions program; to assess whether changing demographics have undermined the need for a race-conscious policy; and to identify the effects both positive and negative of the affirmative-action measures it deems necessary" Justice Anthony M. Kennedy said in writing for the majority.
The ruling is the second time this case has reached the high court. In a 2013 decision the justices ruled 7-1 that lower courts didnt give the race-based plan enough scrutiny.
They remanded the case for more consideration but the lower courts reached the same conclusion again landing the case back before the justices.
Justices in the majority tried to limit the effects saying UTs program is unique but the ruling is still likely to embolden schools who had been wary of how far they could go after the 2013 ruling.
