Supreme Court ruling against affirmative action carries implications for UT

According to the United States Supreme Court ruling on June 29, higher education institutions can no longer factor race into their admissions processes. UT is the only Texas public institution affected as it is the state’s only public university to consider race in admissions decisions.

A 6-3 Supreme Court ruled that race-conscious admissions violate the Constitution’s Equal Protection Clause, limiting university attempts to increase student-body diversity. The case stemmed from two separate challenges brought against the admissions policies of Harvard University and the University of North Carolina.

Following the decision, Texas Rep. Carl Tepper filed House Bill 54 to prohibit public universities, colleges and government employment agencies from adopting affirmative action policies.

Affirmative action policies affect 25% of admitted UT students. The other 75% of students are admitted through the “Top 10% Law” mandated by Texas House Bill 588, passed in 1997. HB 588 guarantees Texas students who graduate in the top 10% of their class automatic admission to all state-funded universities. UT admits students in the top 6% of their class until 75% of student body seats are filled.

HB 588 has positively impacted economic diversity at UT by drawing from different underrepresented geographic regions of Texas.

“The other 25% of the class, then that will discourage (those) students from applying, and that will also mean that students will apply probably to the second-tier institutions that have records of graduating students at lower rates,” said Angela Valenzuela, an educational leadership and policy professor. “Higher education institutions correlate to higher earnings, and those will be earnings forgone by the state of Texas as a result of the non-education of these students who would have otherwise qualified and benefit from UT.”

Victor Saenz, acting associate dean of equity and inclusive excellence, said he knows the University will continue to utilize legally-available strategies to ensure the entering student body reflects Texas’ diversity. Saenz hopes University leadership decides to interpret the decision narrowly; a broad interpretation could result in far more consequential impacts on historically underrepresented groups at UT.

“We’re talking about the 25% that are admitted under a holistic review. And I think there are enough variables in there that allow for the consideration of other life factors that consider life experiences and challenges,” Saenz said.

The Black Student Alliance released a statement expressing their sadness about the ruling. “Black students at UT Austin have proven their worth through their academic achievement, career development, and leadership,” the statement read.

“The ruling of affirmative action is affecting a lot of students’ minds, and they are feeling very self-conscious and thinking that the future of UT is going to look a lot less diverse,” said Evan Craig, political action chair for BSA. “We want the statement to actually show to students that we’re always going to be here, and we are always going to be part of the fight to help try to defend affirmative action.”