AUSTIN, Texas -- The 5th U.S. Circuit Court of Appeals has rejected an appeal by two white University of Texas students that it rehear their 2008 challenge to UT admission standards.
By a 9-7 vote, the full New Orleans-based appeals court ruled Friday that UT-Austin can consider race and ethnicity in its admissions standards.
The majority ruled without comment. However, in a 10-page opinion written by Chief Judge Edith Jones, she and four other dissenting judges accused the majority of appearing “to countenance an unachievable and unrealistic goal of racial diversity at the classroom level to support the university’s race-conscious policy.”
The vote upheld a ruling by U.S. District Judge Sam Sparks that found UT didn’t violate the law by refusing admission to two white, female students. Abigail Fisher and Rachel Michalewicz sued.