UT: Lawsuit challenging use of race in admissions is ‘retread’ of Fisher

A lawsuit challenging race-conscious admissions at the University of Texas amounts to a “retread” from a U.S. Supreme Court case that upheld the university’s program and should be thrown out, according to a UT court filing.

Students for Fair Admissions “should not be able to re-litigate this or any other aspect of UT’s admissions policy by dressing up the challenge with state law theories they failed to advance the first time around,” the university argued in papers filed Monday with state district court in Travis County.

The group, which sued the university in June, “attempts to revisit the same set of underlying issues, while totally ignoring the outcome of the prior litigation,” UT added.

Students for Fair Admissions contends that the use of racial and ethnic preferences in admissions at UT violates state law and the Texas Constitution. It says the state’s Bill of Rights provides “more expansive protection against discrimination” than the U.S. Constitution.

Edward Blum, president of the group, also lined up the federal case, Fisher v. UT; in that case, the U.S. Supreme Court upheld the university’s use of affirmative action by a 4-3 vote in June 2016. Blum and his allies “cannot accept that each court in their prior litigation ruled against them and determined that UT may lawfully consider race as one of many factors,” the university’s lawyers wrote.

“UT’s pursuit of excellence is grounded in the university’s public mission to provide the highest quality education for every student,” UT President Gregory L. Fenves said in a statement. “The educational benefits of diversity are essential to carry out that mission and prepare students to work in a competitive, global marketplace.”

Reader Comments ...

Next Up in Local

George H.W. Bush hospitalized in Maine
George H.W. Bush hospitalized in Maine

Former President George H.W. Bush was hospitalized Sunday after “experiencing low blood pressure and fatigue,” spokesman Jim McGrath announced in a Twitter post. Bush was taken to Southern Maine Health Care in Biddeford, Maine. “He will likely remain there for a few days for observation,” McGrath said. “The former president...
Kyle police investigating dead bicyclist found along I-35
Kyle police investigating dead bicyclist found along I-35

Kyle police say they are investigating the death of a bicyclist who was found along Interstate 35 by a passing motorist. According to a news release, the roads in that area, the I-35 southbound exit ramp at exit 210 and Highway 81 west access will be shut down temporarily while investigators are on the scene. The victim is an adult male and police...
Man injured in North Austin stabbing, EMS says

NORTH AUSTIN EMS: Man injured in stabbing A man in his 30s was injured early Sunday after a stabbing in North Austin, officials said. Austin-Travis County EMS and Austin police responded to reports of stabbing at Rutland Drive and N. Lamar Blvd. shortly after midnight. Medics took the victim to Dell Seton Medical Center with serious, not expected to...
Man arrested after firing gun in crowded Sixth Street area, police say
Man arrested after firing gun in crowded Sixth Street area, police say

Austin police arrested early Sunday a man accused of firing a weapon in a crowded area on Sixth Street, according to an arrest affidavit. Officers responded just after 2 a.m. to the intersection of Sixth Street and San Jacinto Road after reports of shots being fired in the area. Police say the shooter, identified in the affidavit as 22-year old Keshawn...
Texas Digest: Officers say man brandished handgun before they shot him

SOUTHEAST TEXAS Officers kill man they say had gun Texas Rangers are investigating the fatal shooting of a 51-year-old man in Southeast Texas after authorities said he threatened officers with a handgun. Authorities said police from Silsbee and Hardin County sheriff’s deputies made a traffic stop Saturday and the man emerged from his truck carrying...
More Stories