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US court sends affirmative action case to lower court Affirmative action case sent back by US Supreme Court
(35 minutes later)
The US Supreme Court has sent a landmark case on using a student's race as a factor in pubic university admissions back to a lower court.The US Supreme Court has sent a landmark case on using a student's race as a factor in pubic university admissions back to a lower court.
The affirmative action case was brought by a white student denied a place at the University of Texas in 2008.The affirmative action case was brought by a white student denied a place at the University of Texas in 2008.
Abigail Fisher said the college policy of considering her race violated her civil and constitutional rights.Abigail Fisher said the college policy of considering her race violated her civil and constitutional rights.
The decision appears to leave unresolved many arguments on the use of race as a factor in college admissions. The ruling appears to leave unresolved many arguments on the use of race as a criterion in college admissions.
The justices voted 7-1 on the case, saying that an appeals court had failed to scrutinise the university's admissions policy thoroughly enough when considering whether it guaranteed equal protection to all applicants.The justices voted 7-1 on the case, saying that an appeals court had failed to scrutinise the university's admissions policy thoroughly enough when considering whether it guaranteed equal protection to all applicants.
Monday's ruling said: "The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity."Monday's ruling said: "The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity."
Ms Fisher, who has since graduated from Louisiana State University, filed the lawsuit after she was rejected from the University of Texas in 2008.Ms Fisher, who has since graduated from Louisiana State University, filed the lawsuit after she was rejected from the University of Texas in 2008.
Students in Texas high schools are automatically admitted to the University of Texas if they are in the top tier of their class in terms of academic achievement. 'Reverse racism'
Students in Texas high schools are automatically admitted to the University of Texas if their academic results place them in the top tier of their class.
Ms Fisher's grades did not put her in that category.Ms Fisher's grades did not put her in that category.
Race and other factors can be considered when the university is deciding which applicants to accept for any remaining spots - approximately a quarter of the annual student intake. Race and other factors can be considered when the Texas university is deciding which applicants to accept for any remaining spots - approximately a quarter of the annual student intake.
When the Supreme Court heard arguments in Ms Fisher's case, elite private universities such as Harvard and Columbia filed briefings saying that without a legal basis to consider race it would be impossible for them to guarantee diversity on campus. When the Supreme Court heard arguments in Ms Fisher's case, elite private universities such as Harvard and Columbia filed briefings saying that without a legal basis to consider race in admissions it would be impossible for them to guarantee diversity on campus.
In a 2003 case involving the University of Michigan, the US Supreme Court upheld the use of race in admissions.In a 2003 case involving the University of Michigan, the US Supreme Court upheld the use of race in admissions.
However, the court has become more conservative since then.However, the court has become more conservative since then.
Affirmative action, which is known in the UK as positive discrimination, was introduced in the US in the 1960s to ensure equal job opportunities.
But in the 1970s the Supreme Court heard cases arguing that the measure amounted to "reverse racism" and could disadvantage white Americans.
Affirmative action's proponents say the playing field relating to college admissions remains uneven, amid a lingering legacy of racism despite the gains of the civil rights era.
Many conservatives argue that the policy gives preferential treatment to people from ethnic minorities, in an America which prizes self-reliance and pulling oneself up by the bootstraps.
However, when the public university system in California decided to drop affirmative action in the 1990s, there was a steep decline in the number of minority students admitted to those colleges.