Is the University of Texas engaging in unconstitutional racial balancing?\

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Liberty Blog: Is the University of Texas engaging in unconstitutional racial balancing?\ September 21, 2015

Raymond Nhan

In Grutter v. Bollinger, the Supreme Court permitted the consideration of race in college admissions for a limited purpose of securing the benefits of a diverse student body. The Court reasoned that a diverse student body helps prepare students for “an increasingly diverse workforce and society, and better prepares them as professionals.” Furthermore, in Grutter, the Court further observed that the University of Michigan Law School only sought to use racial preferences to reach a “critical mass” of minority students. Indeed, the Court has consistently rejected attempts to racially balance and to establish racial quotas. Yet, recent historical demographics from Texas suggest that the University of Texas’s (UT) admissions policy — which is before the Supreme Court this term — is an attempt to racially balance the student body.

UT’s admissions policy grants preferential racial treatment to African-Americans and Hispanics. For example, in Fall 2010,