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Fisher v. University of Texas

United States Court of Appeals for the Fifth Circuit
631 F.3d 213 (2011)


Texas enacted a law, called the Top Ten Percent Law, which guaranteed admission to the University of Texas (UT) (defendant) for Texas residents that were in the top 10 percent of their high school classes. The law was enacted primarily to increase enrollment of underrepresented minorities at UT. Enrollment of underrepresented minorities did increase due to the law. However, most of the minorities enrolled as a result of the law were clustered in certain programs, which limited the beneficial effects of educational diversity. UT determined that it had not yet achieved enough representation of minorities to obtain the full educational benefits of diversity. Therefore, UT enacted a policy that added race as an additional factor with a larger admissions-scoring index. Race was considered as part of an applicant’s context in determining whether the applicant belonged to a minority group. Race only had the potential to impact a small part of an applicant’s overall admissions score.

Rule of Law


Holding and Reasoning (Higginbotham, J.)

Concurrence (Garza, J.)

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