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US court sends affirmative action case to lower court US court sends affirmative action case to lower court
(35 minutes later)
The US Supreme Court has sent a landmark case on the consideration of a student's race in university admissions policies 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 case on affirmative action 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 could affect other US universities with similar policies. The decision appears to leave unresolved many arguments on the use of race as a factor 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.
According to Scotusblog, an authority on US Supreme Court issues, the 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."
Monday's ruling appears to leave unsettled many of the core arguments surrounding the use of race as a factor in college admissions. 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.
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.
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.
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.