(AUSTIN, Texas) — As it did once before, the Fifth Circuit Court of Appeals ruled Tuesday that the affirmative action admissions policy of the University of Texas is constitutional and the school can continue using it.
In June 2013, the U.S. Supreme Court avoided a sweeping ruling on the constitutionality of affirmative action programs in the case brought by a white student, Abigail Fisher, against the UT at Austin. Fisher claimed she was denied admission to the college in 2008 based on the color of her skin even though her grades were good enough to get in.
The high court ruled, 7-1, that the lower court should have required the university to prove that its program was narrowly tailored enough to produce the diversity objectives it was designed to achieve.
The three judges on the Fifth Circuit Court of Appeals reheard the arguments and by a 2-1 vote upheld UT’s practice of considering race in its admissions policy.
Fisher says she will again appeal the decision, even if it means going back to the Supreme Court.
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