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,…

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

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…

Race-based affirmative action policies are widespread in higher education. Despite the prevalence of these policies, there is little consensus on how affirmative action policies affect students either before they reach college or after they matriculate into college. This study provides new evidence on the benefits of affirmative action policies…

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…

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…

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…

This study examines the impact of affirmative action bans in six states (California, Washington, Florida, Texas, Michigan, and Nebraska) on the matriculation rates of historically underrepresented students of color in public medical schools in these states. Findings show that affirmative action bans have led to about a 17% decline (from 18.5% to…

Affirmative action in college admissions was effectively banned in Texas by the Hopwood ruling in 1997, by voter referenda in California and Washington in 1996 and 1998, and by administrative decisions in Florida in 1999. The "Hopwood" and "Johnson" rulings also had possible applicability to public colleges throughout Alabama,…

This study examines the effects of affirmative action bans in four states (California, Florida, Texas, and Washington) on the enrollment of underrepresented students of color within six different graduate fields of study: the natural sciences, engineering, social sciences, business, education, and humanities. Findings show that affirmative action…

In 1998, Texas initiated a bold new statewide university admission policy aimed at increasing college access for traditionally underserved students in the state. House Bill 588 (known as the Texas Top 10 Percent Plan (TTPP)) guaranteed automatic admission to the college or university of their choice for all top performing students in Texas public…

One of the continuing areas of controversy surrounding higher education is affirmative action. The Supreme Court has agreed to hear "Fisher v. Texas," and their ruling may well influence universities' diversity initiatives, especially if they overturn "Grutter v. Bollinger" and rule that diversity is no longer a…

In today's increasingly diverse society, the legitimacy and strength of the democratic form of government depends on equitable access to graduate and professional education for individuals from all races and ethnicities. Yet, despite recent increases in enrollment, students of color remain severely underrepresented in graduate and professional…