“This is very good news for UT and for higher education,“ Bill said. “It affirms UT’s narrowly tailored use of ethnicity as one factor among many in an holistic review for admissions. It will help diversify higher education in Texas and throughout the country. I applaud and appreciate the efforts, leadership, and support of President Larry Faulkner before me and President Greg Fenves after me during this lengthy series of cases.”
At issue in this case was whether the use of racial preferences in undergraduate admissions by the University of Texas violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
The 4-3 opinion, written by Justice Kennedy, notes that race is “but a factor of a factor of a factor” in the university’s holistic-review program. Also noted is the impact of the state-imposed “Top Ten Percent Plan,” which fills as many as three-fourths of the freshman slots each year with Texas students who finish at the top of their high school classes. The dissent was written by Justice Alito and joined by Justices Roberts and Thomas. Justice Thomas also filed a separate dissent. Justice Kagan recused herself.