SCOTUS, UT and College Admissions

College admissions officers, administrators, counselors and students are waiting with bated breath for the Supreme Court’s decision on a case heard earlier this year. Fischer v. University of Texas is a suit brought against the University by a student who was denied admission. Admission to UT is guaranteed to Texas residents who graduate from a Texas high school in the top 10% of the class; beyond that group, admissions is holistic, considering all the stuff we already know all colleges consider in the admissions process. The plaintiff alleges that her Caucasian race put her at a disadvantage for admission, as the University seeks greater diversity on campus. The case asks that the court declare the admissions policy of the University inconsistent with another related case, Grutter v. Bollinger, or overrule it in its entirety. Grutter v. Bollinger is a 2003 case in which the Supreme Court ruled that race could play a limited role in the admissions policies of public universities. An overruling of Grutter could end conscious affirmative action policies in admissions at U.S. public universities.

In a lower court decision, it was ruled that Fischer’s race could be taken into account when her candidacy was reviewed.  In the Grutter decision, it was stated that sorting applicants by race, forbidden in any other public entity, was permissible in public university admissions. While many private colleges and universities have expressed a preference for a diverse campus, and make admissions decisions based on those preferences, they are private institutions and can, to some extent, do as they please. Publics need to acknowledge their admissions standards and defend their legality when challenged.

So, a student who self-identifies on an application that he or she is an under- represented minority may be given preference over a student who chose not to check the box indicating ethnicity, or indicated that he or she is Caucasian. What does this mean for the typical American high school student who is applying to a public university? Does it mean that Common App forms for public universities won't have a space anymore to indicate ethnicity or minority status? Maybe. Does it mean that public universities that are committed to a diverse student body will find other ways for students to self-identify? Maybe. Or does it mean that the playing field is completely level now and every student, regardless of color, race, or birthplace will be considered solely on his or her academic merits when applying to a public university, diversity be damned? Is this a good thing?  A bad thing? Who knows?