University of Texas affirmative action plan survives Supreme Court review

FILE - In this Oct. 10, 2012, file photo, Abigail Fisher, the Texan involved in the University of Texas affirmative action case, accompanied by her attorney Bert Rein, talks to reporters outside the Supreme Court in Washington. Consideration of race in college admissions is again in line of fire at the Supreme Court on Wednesday, Dec. 9, 2015, for the second time in three years, in the case of Fisher, a white Texas woman who was rejected for admission at the University of Texas. (AP Photo/Susan Walsh)

AUSTIN (KXAN) — The Supreme Court has upheld the affirmative action case to allow the University of Texas to use race as a factor in applications.

The suit was brought by Abigail Fisher, who sued the university for using race as a factor in college admissions. The case was also regarding the Top Ten Percent Law that allows universities to automatically allow students who graduate in the top 10 percent admission.

Fisher was not in the top 10 percent of her high school, but argued that race was a major factor in her not receiving admission to UT Austin. The decision states that race as a factor is not about minority student numbers, but allows for “educational benefits that flow from student body diversity.”

The Top Ten Percent Law can not be amended by Universities, according to the Supreme Court, because it is mandated by the Texas Legislature.

The Justices’ final decision was voted 4 to 3. UT Austin is reviewing the opinion and is expected to publicly respond to the decision.

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