I agree with the decision, but I also agree with the dissent. The points of entry to higher education are significantly slanted against African-Americans. They tend to be poorer. They tend to be first-generation college educated. They tend to attend schools with less financial support than whites. Standardized test questions tend to be biased toward majority culture (white). All of these things create a situation where trying to balance race in admissions makes perfectly good sense. Furthermore, white students benefit from socializing and taking courses with people from diverse backgrounds. Disallowing a diversity effort hurts white students too, but not in the way many realize.
On the other hand, the dissent is correct. Where are the limits? The dissent is correct that the advocates of diversity admissions are yet to provide a clear line that needs to be drawn to where reasonable and clear lines exist not just at one school, but across all higher ed.
Personally, I believe the issue to be college admissions tests. There has been significant research that shows parental income is the greatest predictor of college admissions tests (
http://economix.blogs.nytimes.com/2009/08/27/sat-scores-and-family-income/?_r=0). This also makes sense for the predictive nature they are meant to serve - college success. Not only because parential income is usually linked to better college preparation (better schools, better outside preparation, better family resources/tutoring, more supportive households, etc...), but parental income is more predictive of ability to afford tuition. In effect, SAT and SAT are not just ethically biased, but wealth biased. Is it any wonder higher ACT scores tend to complete since it correlates with ability to pay tuition?
This was not the intent of SAT or ACT, but it is the effect. As a result, colleges are still among the most segregated institutions in the US. The last statistic I saw (
http://www.forbes.com/colleges/university-of-arkansas-main-campus/) is that 4.87% of the UA is Black or African-American. Texas had a similar issue and tried to address the issue. Was it a reasonable method. Yes. Is it a clear line in the sand? No. But is it better than nothing? Definately.
Personally, I think College Admissions Tests should be removed from the admissions criteria completely. I would also not object to race being left off the applications. There is enough to make a decision based upon the application and the high school transcripts. Want more? Include an essay requirement or a resume why you deserve the opportunity over someone else. But get rid of the ACT and SAT as admissions criteria. Instead, use it for placement and early college intervention strategies.
Now, I also want to be clear that I believe racism against whites exist. I have seen it blatantly executed in university searches (even at the University of Arkansas). I have also suffered it. While many blow-off claims of racism against white males, I do not. The problem is that the people who cry the loudest are not those who empathetically recognize racism against minorities, but those that tend to say that minorities somehow get it easier or when it serves their own interest directly. You know. Racists. As a result, it renders people with legit gripes unheard and the notion of anti white discrimination unappreciated. Most of you that complain about it need to shut-up so that those of us with credibility on the issue can actually be heard.
And that is the problem with this case. It was a rich white girl who felt entitled to attend UT. She was a marginal candidate and was denied. Her parents were then rich enough to afford out-of-state tuition to LSU. Boo-friggin who. This was a case of white entitlement and the case was a joke. Make the case about a kid denied who was similar to the minority (poor, good grades, lower ACT score) and you have a case. But a rich white girl with every advantage? It was a joke.
Finally, the real issue is equal opportunity. Texas is a state 12% African-American, but UT is only 5% African-American. Likewise, Texas is 70% white, but UT is 78% white (
http://admissions.utexas.edu/explore/freshman-profile). Does that show equal opportunity? If there is an admissions problem, it is that the admissions policies are still slanted against African-Americans. If your family can afford out-of-state tuition to LSU, but you could not get into UT, it is your own damn fault. But when the demographics of the campus are slanted in favor of the white demographic and hard against African-Americans, it is hard to convince me that whites are being discriminated against in the admissions process.
Get rid of college admissions tests. To me, that should have been the rule decades ago.