Supreme Court Upholds University Of Texas' Affirmative Action Plan As Constitutional

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WASHINGTON — The Supreme Court upheld the University of Texas at Austin's race-conscious admissions program on Thursday in a closely divided decision.

Justice Anthony Kennedy wrote the 4-3 majority decision for the court.

In upholding the affirmative action plan at UT-Austin, he wrote, "Considerable deference is owed to a university in defining those intangible characteristics, like
student body diversity, that are central to its identity and
educational mission. But still, it remains an enduring
challenge to our Nation’s education system to reconcile the
pursuit of diversity with the constitutional promise of
equal treatment and dignity."

Kennedy, in his conclusion, also noted that Thursday's decision does not mean the policy is allowable indefinitely:

The Court’s affirmance of the University’s admissions policy today does not necessarily mean the University may
rely on that same policy without refinement. It is the
University’s ongoing obligation to engage in constant
deliberation and continued reflection regarding its admis­sions policies.

Justice Samuel Alito, who wrote an opinion dissenting from the court's decision, read part of his dissent from the bench — a practice reserved for cases in which the justices feel particularly strongly about their view. He was joined in his dissenting opinion by Chief Justice John Roberts and Justice Clarence Thomas. Thomas also wrote his own dissenting opinion.

Justice Elena Kagan did not participate in consideration of the case because she had participated in the earlier iteration of the case while serving in the Obama administration as solicitor general.

This is a developing story.

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