A challenge from a white student who was denied admission to the University of Texas flagship campus will be the Supreme Court's first look at affirmative action in higher education since its 2003 decision endorsing the use of race as a factor.
The Supreme Court said Tuesday it will hear Fisher v. University of Texas at Austin, returning the contentious issue of racial preference in college admissions to its fall docket.
A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many public and private universities, said Vanderbilt University law professor Brian Fitzpatrick.
A federal appeals court upheld the Texas program, saying it was allowed under a decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in admissions at the University of Michigan Law School.
There have been changes in the Supreme Court since. Justice Samuel Alito appears more opposed to affirmative action than his predecessor, Sandra Day O'Connor.
And Justice Elena Kagan, who might be expected to support it, is not taking part in the case, probably because of the Justice Department's participation in the Texas case in lower courts when she was solicitor general.
Fisher, of Sugar Land, Texas, sued after she was denied admission, contending the school's race-conscious policy violated her civil and constitutional rights.
Most entering freshmen at Texas are admitted because they are among the top 10% in their high school classes. Fisher's grades did not put her in that category.
The policy at issue applies to spots beyond those filled by the top 10% and allows for the consideration of race along with other factors.
