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Justice: UT affirmative action policy legal

  Law Center  -   POSTED: 2012/08/14 02:06

The Obama administration on Monday threw its support behind the University of Texas' use of race as a standard in its admissions policies, asking the Supreme Court not to interfere with the consideration of racial preferences in college admissions.

The Justice Department, in a court brief co-signed by several other government agencies, told the high court that a diverse college population was in the university's — and the government's — best interests. "The armed services and numerous federal agencies have concluded that well-qualified and diverse graduates are crucial to the fulfillment of their missions," Solicitor General Donald B. Verrilli said.

The court brief was cosigned by lawyers from the departments of Defense, Education, Commerce, Labor and Health and Human Services.

The Supreme Court's ruling on the University of Texas' admission program will be its first ruling on affirmative action in higher education since 2003. Arguments will be October 10.

Abigail Fisher, a white student who was not admitted to the school in 2008, filed a lawsuit challenged the policy as violation of her civil and constitutional rights.

Texas admits most of its students because they rank among the top 10 percent in their high school classes. Fisher's grades did not put her in that category. For other students, Texas officials say that race is considered among many factors, including academic record, personal essays, leadership potential, extracurricular activities, and honors and awards. The school says race is not used to set quotas, which the high court has previously rejected.


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