Texas case illustrates need to to diversify without affirmative action, Penn law expert says

The U.S. Supreme Court handed down a decision today on a lawsuit against the University of Texas over its affirmative action program. It sets a high threshold for policies that take race into account in any university admissions program.

As the justices sidestepped a ruling on the case by sending it back down to a lower court, they still made it clear that all affirmative action policies should be rigorously reviewed.

Michael Foreman, director of the Civil Rights Appellate Clinic at Penn State’s law school, says many universities have already moved toward other ways of achieving diversity to avoid lawsuits like this one.

“I think every university will now be taking this decision and having their experts and their general counsels go through this and see how this would impact their diversity programs to the effect they have them,” Foreman said.

The case was brought by a white student who was not admitted to the University of Texas. She argued that its affirmative action policies cost her a spot in the freshman class.