As president of the University of Texas at Austin, as a law scholar and former dean of our law school and as a teacher, I have experienced the case of Fisher v. University of Texas from many vantage points.
When the U.S. Court of Appeals for the Fifth Circuit on July 15 upheld the university’s policy of considering race as one of many factors in admissions, it affirmed the constitutionality of our admissions program. In 2003, the U.S. Supreme Court ruled in Grutter v. Bollinger that the educational benefit of a diverse student body is so compelling that race can be considered as one of many factors. Justice Sandra Day O’Connor wrote, the constitution “does not prohibit the [University of Michigan] Law School’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.” Surely 11 short years have not obliterated this logic.
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