Friday, April 18, 2014
YOLO COUNTY NEWS
99 CENTS

Court orders more study on admissions

By
From page A6 | July 02, 2013 | Leave Comment

The issue: Justices rule that affirmative action must meet tougher standards

The increasingly conservative Supreme Court did not throw out the use of race as a factor in determining college admission, as some had feared. But in announcing their 7-1 decision last week, the justices sent the University of Texas’ race-sensitive admissions case back to a lower court with a call for a “more demanding standard,” as The New York Times reported.

THE CASE INVOLVED a white Texas woman who sued after being denied a place at the university in Austin, alleging that racial favoritism violated the Constitution’s equal-protection clause. She has since graduated from Louisiana State, leaving behind a legacy in the growing body of affirmative action law.

Justice Anthony Kennedy, writing for the majority, said race could be used as a factor in selecting incoming freshmen only after a university concludes “that no workable race-neutral alternative would produce the educational benefits of diversity.”

Elena Kagan recused herself from the decision, having had some contact with the case when she was at the Justice Department, and Ruth Bader Ginsburg voted no on the grounds that affirmative-action cases had been satisfactorily dealt with in earlier decisions “and there is no need for a second look.”

But the other justices, in sending the case back to the Fifth Circuit, called for a much closer second look, known by the courts as “strict scrutiny.”

THE COURT’S DECISION was almost waspish in tone because, over a series of cases going back to 1978, it has developed increasingly stringent standards for when race may be used as a determining factor in college admissions.

Kennedy wrote that it was both the university’s and the judiciary’s obligation to “ensure that each applicant is evaluated as an individual and not in a way that makes the applicant’s race or ethnicity the defining feature of his or her application.”

Admissions officers will now have to bone up on exactly what the court means by “strict scrutiny.”

Partially quoting from earlier decisions, Kennedy wrote, “Strict scrutiny is a searching examination, and the government bears the burden to prove ‘that the reasons for any (racial) classification (are) clearly identified and unquestionably legitimate.’ ”

KENNEDY WROTE that under the tougher standards, lower courts are not permitted “to accept a school’s assertion that its admissions process uses race in a permissible way without closely examining how the process works in practice, yet that is what the District Court and Fifth Circuit did here.”

The federal appeals court will rehear the case under the tougher standards.

LEAVE A COMMENT

Discussion | No comments

The Davis Enterprise does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

News

Chuck Rairdan joins school board race

By Jeff Hudson | From Page: A1

 
Davis United Methodist Church, Holmes Green Team leaders honored

By Special to The Enterprise | From Page: A1 | Gallery

Old friend helps Brad and others find kidneys

By Dave Jones | From Page: A1 | Gallery

 
Need a new best friend?

By Enterprise staff | From Page: A3 | Gallery

‘Hitchhiking’ dog looking for new home

By Lauren Keene | From Page: A3 | Gallery

 
Chipotle fundraiser boosts Emerson tech upgrade

By Enterprise staff | From Page: A4

 
Event to provide nature scholarship

By Enterprise staff | From Page: A4

 
Online K-12 school holds info night

By Enterprise staff | From Page: A4

Volkssporting Club plans North Davis walks

By Enterprise staff | From Page: A4

 
Schwenger lawn signs available

By Anne Ternus-Bellamy | From Page: A4

Volunteers needed for Grad Night

By Enterprise staff | From Page: A4

 
Davis grad makes rain collection a business

By Jason McAlister | From Page: A4 | Gallery

A few spots left on history tour

By Enterprise staff | From Page: A4

 
Students have new options on leasing front

By Enterprise staff | From Page: A5 | Gallery

Author discusses memoirs of Appalachia at The Avid Reader

By Special to The Enterprise | From Page: A7

 
NAMI backers walk in Sacramento

By Special to The Enterprise | From Page: A8

 
Food for the hungry

By Enterprise staff | From Page: A10

Groups join for a day of service

By Special to The Enterprise | From Page: A10

 
.

Forum

Tom Meyer cartoon

By Debbie Davis | From Page: A6

 
In search of great ideas

By Letters to the Editor | From Page: A6, 1 Comment

Please keep the nursery open

By Letters to the Editor | From Page: A6

 
Early help is a great investment

By Letters to the Editor | From Page: A6

More tax money? Answer the question

By Rich Rifkin | From Page: A6

 
UCD IS responsible for students

By Letters to the Editor | From Page: A6

 
.

Sports

DHS’ Golston goes full-bore on the diamond

By Thomas Oide | From Page: B1 | Gallery

 
Devils show more life in loss to Mitty

By Enterprise staff | From Page: B1

Sharks double up Kings in Game 1

By The Associated Press | From Page: B1

 
Aggies lose a slugfest in opener at Riverside

By Enterprise staff | From Page: B1

Fox coming to UCD; Riffle heads to Florida

By Bruce Gallaudet | From Page: B1

 
DYSA roundup: Intensity has big week; 10U games dominate schedule

By Enterprise staff | From Page: B2 | Gallery

Sports briefs: Aggies set the academic bar high

By Enterprise staff | From Page: B8 | Gallery

 
Pro baseball roundup: Susac sends Sacramento to a rare loss

By The Associated Press | From Page: B8

.

Features

.

Arts

‘Transcendence’: A whole new level of tedium

By Derrick Bang | From Page: A11 | Gallery

 
‘The Bloom’ paves way for Whole Earth Festival

By Enterprise staff | From Page: A11

DHS tribute to Tony Fields slated for April 25-26

By Enterprise staff | From Page: A11

 
UCD, city team up for Music on the Green

By Enterprise staff | From Page: A11

.

Business

Ford turns its Focus to domestic market

By Ali Arsham | From Page: B3 | Gallery

 
.

Obituaries

.

Comics

Comics: Friday, April 18, 2014

By Creator | From Page: A9