The purpose of this paper is to document the indirect effects of the Texas Top Ten Percent Plan on professional school degrees awarded and to propose the far reach of the law as an alternative argument in support of race-conscious admissions policies challenged under the strict scrutiny standard. Designed around the two tests of strict scrutiny,…

Despite being academically unqualified for admission to the University of Texas at Austin, Abigail Fisher, a White female, argued that she was not admitted due to the university's diversity policy. In addition to framing postsecondary admissions as a zero-sum phenomenon, Ms. Fisher intentionally frames students of color who are admitted to the…

With a decision pending in two lawsuits challenging race-conscious admissions practices at Harvard and the University of North Carolina at Chapel Hill (UNC), many observers are predicting that the US Supreme Court will significantly limit, if not completely prohibit, the use of race in college and university admissions. However if the United…

Education is the value proposition that provides individuals the opportunity to become meaningful contributors to society, their community, and their immediate families. It is the calling card of personal achievement and individual intrinsic benefits. Education is about access and opportunity. Institutions continue to navigate strategies of access…

The Supreme Court has established the parameters within which universities can practice race-conscious affirmative action for college admissions in a series of decisions beginning in l978. The key issues concern the educational impact of campus diversity and whether or not it is necessary to give some consideration to students' race into order to…

Over the last few years, even as the U.S. Supreme Court was considering the constitutionality of race-conscious policies in postsecondary admissions in "Fisher v. University of Texas" (2016), a new wave of attacks in the conservative agenda to dismantle affirmative action (as the policy is more commonly called) emerged. First, in 2014…

Using race as a factor in admissions policies was contested in "Fisher v. University of Texas at Austin." Although the U.S. Supreme Court firmly held in "Grutter v. Bollinger" that race can be considered among many factors in admitting students, the recent decision in "Fisher" has posed many questions and challenges…

Legal decisions about affirmative action in higher education do more than impact how admissions policies are structured. The discourse produced in these decisions structures how race is talked about, understood, and enacted in the context of higher education and beyond. However, critique of affirmative action rhetoric in the legal realm tends to…

Using critical discourse analysis, this study assesses reader comments to newspaper articles on the "Fisher v. University of Texas at Austin" Supreme Court case. The Fisher case challenges the consideration of race in the college admissions process at UT. Findings show that this racial equity practice was framed as being antithetical to…

Through an analysis of relevant social science evidence, this article provides a deeper understanding of critical mass, a concept that has become central in litigation efforts related to affirmative action admissions policies that seek to further the educational benefits of diversity. We demonstrate that the concept of critical mass requires an…

What happens to race in public discussions about "race-neutral" college admissions policies? This article shows how race disappeared from elite political debate during hearings on Texas Senate Bill 175 (2009), the Top Ten Percent Plan (the Plan), which guaranteed college admissions to high school graduates from the top 10% of their…

At the heart of the longstanding debate of addressing racial inequities in higher education is an argument about whether race should be a factor in admissions decisions. One argument is that institutions should be held accountable for diversity through external policies like affirmative action. Alternatively, there is the position that…

The future of affirmative action in education--not just for colleges but potentially for K-12 schools as well--may be on the line when the U.S. Supreme Court takes up a race-conscious admissions plan from the University of Texas next month. That seems apparent to the scores of education groups that have lined up behind the university with…

The author reports on the U.S. Supreme Court hearing regarding the Texas admissions case that exposes gaps in the affirmative-action law. As the Supreme Court heard oral arguments in a lawsuit challenging race-conscious admissions at the University of Texas at Austin, it became evident that the court's past rulings on such policies have failed to…

The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…