UT: Ad­mis­sions suit is ‘re­tread’ of Fisher case

Austin American-Statesman - - COMMUNITY NEWS - By Ralph K.M. Hau­r­witz rhau­r­witz@states­man.com

A law­suit chal­leng­ing race-con­scious ad­mis­sions at the Univer­sity of Texas amounts to a “re­tread” from a U.S. Supreme Court case that up­held the univer­sity’s pro­gram and should be thrown out, a UT court fil­ing says.

Stu­dents for Fair Ad­mis­sions “should not be able to re-lit­i­gate this or any other as­pect of UT’s ad­mis­sions pol­icy by dress­ing up the chal­lenge with state law the­o­ries they failed to ad­vance the first time around,” the univer­sity ar­gued in pa­pers filed Mon­day with state district court in Travis County.

The group, which sued the univer­sity in June, “at­tempts to revisit the same set of un­der­ly­ing is­sues, while to­tally ig­nor­ing the out­come of the prior lit­i­ga­tion,” UT added.

Stu­dents for Fair Ad­mis­sions con­tends that the use of racial and eth­nic pref­er­ences in ad­mis­sions at UT vi­o­lates state law and the Texas Con­sti­tu­tion. It says the state’s Bill of Rights pro­vides “more ex­pan­sive pro­tec­tion against dis­crim­i­na­tion” than the U.S. Con­sti­tu­tion. Edward Blum, pres­i­dent of the group, also lined up the fed­eral case, Fisher v. UT; in that case, the U.S. Supreme Court up­held the univer­sity’s use of af­fir­ma­tive ac­tion in June 2016.

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