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The Odds of Justice: Leveling the Playing Field

With the focus on “narrowly tailored,” higher education institutions adopted a variety of admission procedures through the years, but the first successful attack on affirmative action in higher education came in the Fifth Circuit Court of Appeal’s decision in Hopwood v. Texas (1996). The University of Texas law school had used a composite index of undergraduate GPA and LSAT scores to place candidates for admission in three categories of admission leveling the playing field Litigation involving the statistics of higher education is once again before the Supreme Court in the current term, as Fisher v. University of Texas is set to be heard by the court. Whether the court still considers diversity of the student body to be a compelling interest that permits the use of race in any way—or whether there is any such compelling interest—is at stake, with statistics poised to play a role.