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Hopwood Overruled: Texas to Rewrite College Admissions Policies
Laredo, TX, Morning Times ^ | 06-24-03 | Vertuno, Jim, AP

Posted on 06/24/2003 6:54:55 AM PDT by Theodore R.

Texas to rewrite admissions policies

BY JIM VERTUNO Associated Press Writer

AUSTIN - The University of Texas will draft new affirmative action admissions policies that include race as a factor as allowed by Monday's ruling by the U.S. Supreme Court, school President Larry Faulkner said Monday.

Any new policy for undergraduate admissions would have to work within the confines of the state law that entitles Texas high school students who graduate in the top 10 percent of their class enrollment in a state university.

Monday's ruling ends the rule of the so-called "Hopwood" decisions by federal courts and former state Attorney General Dan Morales that prohibited race being used as a factor in admissions as well as scholarship and financial aid, Faulkner said.

"It gets to the heart of what we try to accomplish as an institution," Faulkner said. "All university leaders in the United States feel keenly their responsibility to educate the leadership of the nation. That leadership will come from all population sectors. It's important for us to have strong representation here of students from all sectors of society."

The earliest any changes could effect enrollment would be the 2004 fall freshman class. The top 10 percent rule will dominate about 70 percent of that class, leaving only about 30 percent to fall under any new race-included admissions policy.

In two separate rulings Monday, the court approved a program used at the University of Michigan law school that gives race a role in the admissions decision-making process. It struck down a separate point system used by the university to give minority preference in undergraduate admissions, but that ruling did not go as far as opponents of affirmative action had wanted.

UT had previously tried to get the Supreme Court to overturn the "Hopwood" rulings and was interested in how it ruled on the Michigan cases.

Minority state lawmakers and advocacy groups hailed the rulings.

"Today's decision is great news for students of color," said Rep. Garnet Coleman, D-Houston. "It affirms that the doors of higher education should be open to diversity and opportunity should exist for all."

Nina Perales, an attorney for the Mexican American Legal Defense and Education Fund, called on all Texas universities to renew affirmative action programs.

"They create a stronger, more excellent student body," Perales said. "Affirmative action is the key to Latino educational advancement."

The Hopwood decisions stemmed from a lawsuit filed against the University of Texas law school admissions policies that considered race. The top 10 percent rule was created in 1997 to boost minority enrollment without specific race-based policies.

Faulkner said the 10 percent law has been successful in some areas, bad for universities in others.

Students who might never have considered going to college now think about it because they know they can get it in, he said. But schools also want to be able to choose some of their students with varying criteria.

"It's simply unhealthy for a whole class to be admitted on one criteria," Faulkner said.

Some state lawmakers considered tweaking the 10 percent rule to place a cap on the percentage of a freshman class it would enroll. That idea was defeated but could resurface under the Supreme Court's ruling.

The Legislature is scheduled to convene June 30 for a special session on congressional redistricting. Gov. Rick Perry could add the 10 percent rule to the session.

Brian Haley, president of the UT-Austin student government, wrote Perry on Monday urging him to add the 10 percent rule to the call of the session.

Perry spokesman Gene Acuna said the governor's office was studying the ruling's impact on Texas with Attorney General Greg Abbott. Any decision on expanding the session's issues will come after it starts, he said.

A more immediate program would likely come in graduate programs which do not fall under the 10 percent rule, Faulkner said.

Faulkner and Douglas Laycock, associate dean of the UT law school, noted the court's decision does not allow quotas and does not speak specifically to financial aid and scholarship programs.

Both said the university can consider race without a quota system and that they believe the ruling would apply to financial aid programs.

06/24/03


TOPICS: Culture/Society; Government
KEYWORDS: affirmativeaction; court; hopwood; liberal; minorities; tx
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To: drlevy88
I wonder if some Latinos will feel highly insulted by this

Not at all. They're laughing their butts off about it. They consider it a sign of weakness that this went through. In their country they sure as hell wouldn't do it.

21 posted on 06/24/2003 7:35:15 AM PDT by Regulator
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To: Skywalk
It may be more narrow than the old quotas, but it is now less-scientific, less quantifiable and therefore WORSE than the old system.

Exactly. Moreover, where in the Constitution does it say that government has a "compelling interest" in promoting "diversity" through any form of racial preferences? The Constitution I know has no such provision. In fact, it has an express prohibition against inequality under the law on the ground of a person's race, i.e. it expressly prohibits government-instituted racism in any form regardless of the reason.

22 posted on 06/24/2003 7:38:52 AM PDT by kesg
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Comment #23 Removed by Moderator

To: kesg
Moreover, where in the Constitution does it say that government has a "compelling interest" in promoting "diversity" through any form of racial preferences?

It doesn't. They made it up out of whole cloth. It's another example of judges deciding that they have the right to create laws, because after all, they went to law school, right? And that puts them above the rest of us. < /sarcasm >...

24 posted on 06/24/2003 7:56:32 AM PDT by Regulator
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To: Theodore R.
Did he switch sides?

I don't think he switched. I was referring to what any GWB nominee will be subjected to.

Think Estrada.

25 posted on 06/24/2003 7:57:24 AM PDT by lonestar (Don't mess with Texans)
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To: zuggerlee
Y'all voted for the jerk who made this happen, and don't say he had nothing to do with it. The Solicitor General, Ted Olsen, originally drew up a more hard line brief, but he was overruled by the President's advisor, one Alberto Gonzales. The brief was watered down, and the Supremes shredded the 14th amendment and turned the Constitution upside down.

Now your stuck with Bush's 10% rule AND institutionalized discrimination against Americans.

Keep voting for them Real Republicans in Texas. Pretty soon your kids will be chattering away in Spanish and Sam Houston will be depicted as an Evil White Racist and Santa Anna will be a Noble Victim.

26 posted on 06/24/2003 8:03:16 AM PDT by Regulator
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Comment #27 Removed by Moderator

To: zuggerlee
You are 100% correct. To put it another way, as I did on a prior posting, the 10% Rule (endorsed by GWB) is AFFIRMATIVE ACTION BY OTHER MEANS; it relies on the defacto segregated majority/minority status of Texas high schools to make sure that minority students will constitute an exaggerated proportion (in relation to actual academic performance) of state university classes.

If you really want to make it fair, begin weighing the rigor of the indiviual high schools into the calculation.
28 posted on 06/24/2003 8:19:50 AM PDT by rogerthedodger
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To: Regulator
Sadly, this is true.

And we're about to get Gonzalez on the SCt. bench too.

29 posted on 06/24/2003 8:21:08 AM PDT by rogerthedodger
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To: Theodore R.
{Nina Perales, an attorney for the Mexican American Legal Defense and Education Fund, called on all Texas universities to renew affirmative action programs.}

Since when are the Pro-Atlzan groups, the lords of Texas?
30 posted on 06/24/2003 8:26:48 AM PDT by Kuksool
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To: Kuksool
Since when are the Pro-Atlzan groups, the lords of Texas?

Since real Texans became too prosperous and satiated to care, and lost their nerve. Not to mention the fact that our own elite (university professors, government officials) have sold us down the river. Witness: the (Anglo) President of the United States, and the (Anglo) President of my former university in Houston, both came out lauding the decision. The latter promised to begin implementation of new affirmative action measures and was glad to be lifted of the burden of Hopwood.
31 posted on 06/24/2003 8:30:50 AM PDT by rogerthedodger
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To: Theodore R.
Those illegal aliens with their phony mexican IDs are gonna love this....
free college and we can kick the gringos right out of the schools they pay for
HAHHAHAHAHAHAHAHA
stupid bass turds......
32 posted on 06/24/2003 8:39:57 AM PDT by joesnuffy (Moderate Islam Is For Dilettantes)
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To: joesnuffy
We need the call of the special session next week to to be expanded to include scrapping the "10 percent of the class" rule to admit pupils into the UT system. A shrewd couple must avoid suburbs if they want their child with a fairly strong record but not an overwhelming one to be admitted to UT in the future.
33 posted on 06/24/2003 8:51:05 AM PDT by Theodore R.
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Comment #34 Removed by Moderator

To: Theodore R.
The SCOTUS, in its decision, showed reluctance (or lack of courage?) in meddling in a state issue. Can't Texas take and otehr states take matters in their own hands and do what CA has done--ban racial preferences in college admissions? A conservative state like Texas should have no trouble getting this accomplished.
35 posted on 06/24/2003 9:53:20 AM PDT by randita
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To: randita
yes they can!!

we did it here in Washington STate and you Texans can do it too!

This is a state matter and the SC decision (or lack of one ) did not say you had to have affirmative action, it only said you could have it....

now you Texans....get busy....

we conservatives may be a minority but a solid one if each of us would just get out there and vote !

36 posted on 06/24/2003 10:08:16 AM PDT by cherry
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To: cherry
Wouldn't that jeopardize federal funding, though?

Not that I'm saying we wouldn't want to do without out it, but I'm sure all schools in Texas are beholden to the federal government to some degree. I wonder if federal funding is conditioned on having an affirmative action program?
37 posted on 06/24/2003 11:03:24 AM PDT by rogerthedodger
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