Last Updated:September 18 @ 09:58 am

High court questions Texas affirmative action plan

By Mark Sherman

WASHINGTON (AP) - The Supreme Court is questioning the University of Texas' use of race in college admissions in a case that could lead to new limits on affirmative action.

The justices heard arguments Wednesday in a challenge to the program from a white Texan who claims she was discriminated against when the university did not offer her a spot in 2008.

The court's conservatives cast doubt on the program that uses race as one among many factors in admitting about a quarter of the university's incoming freshmen.

Justice Anthony Kennedy at one point said Texas was arguing that race counts "above all." Kennedy's vote could be critical to the outcome.

Twenty-two-year-old Abigail Fisher was among the hundreds of spectators at the arguments.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Supreme Court is taking up a challenge to a University of Texas program that considers race in some college admissions. The case could produce new limits on affirmative action at universities, or roll it back entirely.

Abigail Fisher, the white Texan who sued the university, arrived at the high court Wednesday morning to hear the argument.

Hundreds of people also wanting seats in the courtroom waited in line on the court plaza on a gorgeous fall morning. The Rev. Jesse Jackson, a supporter of affirmative action, was among advocates on both sides of the issue who gathered outside the court.

While quieter than other protesters who have converged on the court for big cases, several people held signs proclaiming their support or opposition to affirmative action. One man held an "End Affirmative Action Now," while another women held a "Diversity (equals) Success" sign.

The university says the program that fills roughly a quarter of its incoming classes uses race among many factors and argues that it is necessary to provide the kind of diverse educational experience the high court has previously endorsed. The rest of its slots go to students who are admitted based on their class rank, without regard to race.

Opponents of the program say the university is practicing illegal discrimination by considering race at all.

Justice Elena Kagan is not taking part, probably because she worked on the case at the Justice Department.

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16 Comments

  1. BillzillaComment by Billzilla
    October 10, 2012 @ 1:33 pm

    Instead of promoting our differences with “diversity”, how about promoting togetherness and the common things that we share as Americans? This “politically correct” nonsense “diversity” causes strife and division amongst our fellow citizens! The only ones who profit from this are: The politicians who delibertly divide us for votes from different groups, the race hustlers such as the “reverends” Jackson, Sharpton, Wright, and Farhkan, groups like the Black Panthers, NAACP, skin heads, Nazis, communists, and on, and on. Not only does this PC nonsense hurt the rest of us as individuals, but it hurts our Nation as a whole. Let’s quit being “diverse” and start being Americans first, again!

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  2. powertothepeopleComment by powertothepeople
    October 10, 2012 @ 3:13 pm

    Couldn’t agree more! The entire notion of AA lends weight to reverse discrimination. The university’s all practice race based discrimination by adjusting entrance scores for minorities to “fairly” compete with white students.

    Diverse is just another code word for advantage. How to get an advantage over someone else which in this case is the current majority….whites. How will this be addressed in the future when the white population is the minority? Bet you will not see Jesse then!

    Lets admire people for their character, their contribution and their deeds…not their race, color, creed and/or sexual orientation. Enough!

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  3. sandman4x4Comment by sandman4x4
    October 10, 2012 @ 3:50 pm

    Yes I couldn’t agree more, on any application for anything, there should be no box to check on your race! just tha facts and in some cases the grades from the previous yrs. that is all! justice as well as everything else should also be blind!

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  4. iu3kidsComment by iu3kids
    October 10, 2012 @ 4:42 pm

    A university application for school should be
    “colored blind”. Nothing else matters except the grades. Be more like the Asian & Indian (from India) students. They study very hard & get wonderful grades.

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  5. Jackie CoxComment by Jackie Cox
    October 10, 2012 @ 4:58 pm

    affirmative action in the multicultural america is bigotry in motion. I am the son of my mom a native american, both of my grandparents, on her side were sole survivors of their parents, who were lost on the trails of tears, to illiterate whites, and buffalo soldiers—I see affirmative for what it is—the afro community double their numbers eery 20 years, while whites have 1.9 kids per family, native americans, less—While no one is the same and color of skin is the most insignificant variable of who you are, unless you band together in pseudo-racist gangs, and sacrifice your principles for someone else’s ideals, which is exactly what affirmative action is, its little different from satans desciples, black panthers, bloods, crips, born again black crackhead pseudo-muslims, who become tools for real muslim extremists. who exist in america as soft and hard cells, who run around the country setting fires, and all matter of ignorance, stoned here on weed, in their home land on keif, (1/3 temple *****-hashish, and 2/3rds turkish tobacco, both hypnotic drugs, tht keep them focused on ignorance of preliterate scribes words of primative magnitudes of literacy long vanished from earth, except for those who do not seek to learn or know—which best describes americas inner city welfare societies where the affirmation action evaluators reserve social services for the inner city dwellers, where the born of wedlock birthrate is 70 %, where the goals are crack baby bonuses, slow learner permits, and social security disability benefits, pretty much affirmative action causes, or hiring people because of the color of their skin instead of the integrity of the job, thereby losing the integrity of the jobs, in our city, county, state, and federal governments, first line workers and evaluators—take a close look at americas homeless whites—millions—denied social services—jobs—fair chances for education—now ACORN COMMITTING IMMENSE ELECTION FRAUDS in their thousands of polling stations, mocking white and hispanic america, Holder holding office in the highest justice refuses to investigate the hundreds of thousands of election fraud complaints, but 12 states did, in 70 acorn POLLING STATIONS, that discovered 1.3 million fraudulent votes—if extrapolated across our nation—barack hussain muhammad obama—did not win the election—John McCain did, he promised to end affirmative action, and Sarah Palin was to rid our nation of lobbies in government—together ending free trade and charging importing countries the same accrued taxation american industry is forced to pay but free trade slave nations are not—the federal reserves plan to destroy america through slavery imposed on our economy, calling it free trade or globalization, which has exported 2/3rds of our factories, shuttered small family businesses, and now 80 % of our domestic jobs pay near or below minimum wage as we descend toward a 3rd world nation, while obama the traitor dismantles the arsenals preventing tyrannical nations from invading us for the 1/3rd of our worlds food supply our farmer grow, while he destroys our military, defunds our defense industries, costing us millions of jobs, while calling it stimulus, while slaver like 8 members of the walton clan take away more money from americas cash flow than 30 % of our workforce, barry gives them money for creating jobs, 3 years ago wallys paid the avg employee 12 thou a year last year it was down to 10,400—affirmative action in big government is nothing but criminality ruling our nation destroying us with executive orders, ruling over us like a dictator out to destroy us in his single term, unless the ACORN<<>> crowd, pulls off another election fraud, the czars micromanaging every security agency in america.

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  6. Jackie CoxComment by Jackie Cox
    October 10, 2012 @ 5:28 pm

    The academic caste system our educational system, prevents modernization of legal, medical, educational agencies, and refuse to embrace the instrumentation created by americas now mostly departed industrial laboratories. Like, IBM’s Watson Mainframe Series, uses human language as it resources an infinite data base of virtually any venue of humanity, thereby obsoleting the degree programs granted to both hireling and nobility alike, the hireling graduate into a world where 1 in 4 get to work in their field of study, while the nobility degreed are at the ready to join the legal-medical-insurance-fraud-extortion-mafi, serve the prisons of servitude where the lawyers, judges, politicians of our new nation, enact the laws they are paid to do by the lobbies clients, with bribes of millions to turn a blind eye to slavery, and americas destruction, by not charging importers the same accrued taxation american industry is forced to pay, losing our treasuries trillions each year, required to maintain our infrastructure while essentially dissolving the federal government, who is bankrupt with 16 trillion in debt, from free trade, imposed on us by the federal reserve or the american finger of the world class mafia, some 250 dynasties, or proxies who live apart from us educating their kids in piracy, where they enter mainstream society under other identities, with birth certificates, educational records, appointed to key element of our world power, they are virtual nobility hiding behind the predatory laws they enact, controlling our financial systems, and cartel of oligopolies, where the NYSE is their agent of destruction for america—If we do not wise up, and take back their assets gotten with money stolen from american taxpayers for the last 100 years, where just 2 dynasties, the rothschild, and rockefeller, dynasties have acquired more than 100 trillion in geophysical and economic assets, their creative accounting will show nothing when we audit the fed, They are the enemy of humanity, fueled by abnormal lust and greed they rule by law, and need to be disposed of— if we are to survive earths orbit around the galaxy, and the upcoming ice ages. Our youth of the world will join together as one gang of anarchy, and they are magnitudes of literacy beyond the inbred world class mafia, and wipe them from the face of our earth, restoring the natural law of respect, so we can get on in our search for ” Truth ” an ancient word, ment to describe God, stolen by preliterate kings scribes in an effort to empower their clans into perpetuity, their 10,000 year old reign on this earth is rapidly drawing to a close, if we are to survive, and have free will to arise each day in an effort to do the right things, in our human right of free will, so we can be what we can be, go where we can go, do what we can do, without the constrain of predatory law and hidden nobility who currently rule over us. we should all carry, and destroy nobility wherever it exists, cast off political appointees, and let people who give their lives in honest service to our country do their jobs, without czars, judges, lawyers, telling them what they can or cannot do regardless of what’s right or wrong, get rid of criminality in government, before it destroys us

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  7. begneli2011Comment by begneli2011
    October 10, 2012 @ 5:44 pm

    When a person is displaced due to her race (white) that is harm. Racial discrimination is harm and reverse discrimination is equal harm and equally wrong. It will never come to an end if it never comes to an end.

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  8. dover2Comment by dover2
    October 10, 2012 @ 6:06 pm

    Excellent points by all and I agree. When Clinton -that unholy POC pushed the political-correct speech **** and really pushed the hypenated American- the division of the people began in ernest.All the previous coming together was wiped out. Each succeeding pres. congressman,judge,etc continued and of course the LSM ran like the devil himself was after them. So we are at the tipping point. Affirmative action was/is the worst. Jackie Cox stated it well, albeit, I was breathless after reading the ccomments. :)

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  9. wedeyComment by wedey
    October 10, 2012 @ 6:20 pm

    Hasn’t the affirmative action run its course. I don’t care what level you are speaking on, it is wrong to take a job away from one person and give it to another person less qualified. How long will this go on, l00, 200, years or maybe forever. Any minority needs to finally start standing on their own merits. I wonder how the women and blacks would feel if we have to hire two latinos for every person out of 3 hired even though they might be better qualified. Just be careful what you wish for.

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  10. Texas TankerComment by Texas Tanker
    October 10, 2012 @ 8:14 pm

    Get real. Affirmative action existed long before it became prevalent in education. Military promotion boards for officers have practiced it for decades. The first cut on the promotion list rates every officer in the year-group from top to bottom. Then they draw a red line at the point where the Congress has told them they must promote only a certain number of officers in this year group.So far so good everything done on merit. The next step is to see how well the board did in meeting their “goals.” That would be if they rated enough women, blacks, latinos, asians, and, now I assume, homosexuals, to meet the target goals assigned by the Deputy Chief of Staff – Personnel, G1. What realistically happens is that fully-qualified white combat-arms officers who are above the red line get moved below the line to take the place of a minority who is below the line. Sound familiar? Been happening for years and the military destroys all worksheets, notes, and anything that could be used as proof in a lawsuit. I only know this because I had a conversation with a staffer from an O-5 (Army Lieutenant Colonel)board back in the 1990′s. This **** has been sanctioned by the Government since at least the 1960′s and nobody gave a hoot!

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    • lwessonComment by lwesson
      October 11, 2012 @ 8:37 am

      The media, NEVER would bring something like this to the light of day for us consumer grazing Sheeple. It does NOT follow and push FORWARD, their, and others, agenda.

      My University, in Austin, Tejas, I could not recognize today, save for most of the buildings. Something like 55% minority now. Dad, when he attended, after risking his life in WW2, would not even listen to my tales of Leftest Communist Black Racists Academicians when I was there. He is now a proper White guy, dead.

      The only Professor of mine that is still there, dared to take issue with being FORCED to grade differently for the ever desirable, wondrous to no limits, stupendously amazing, do NO wrong, minorities. What a meany! At least all he teaches is The Congress & The Presidency. A silly course that is, and has been for some time, largely irrelevant considering our ever evolving, never ending, group of Fearless Leaders, where the Constitution is but a scrap of paper, a pain, an impediment against, Glorious Change & FORWARD.

      Funny thought, I wonder if the UT Medical Schools, also give generous curves to those wanting to be doctors… . UT will NEVER tell you, and nor will your surgeon or doctor. The movie, IDIOCRACY, is becoming all too real, right now! Look that one up.

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  11. noveldogComment by noveldog
    October 11, 2012 @ 10:07 am

    Racism is racism no matter who it is for or against!

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    • lwessonComment by lwesson
      October 11, 2012 @ 1:23 pm

      It is a control word. Communists long ago, reconfigured the meaning of the word, racist, to slap down the correct group to corral in. Leave it to the Communists to twist, contort, words and above all marginalize thinking, rational thought and oh so many other things.

      Communists have freely admitted to this, knowing that most people really do not want to know that they have been manipulated, used… .

      I will never forget a Liberal Girlfiend, who used the word, “hateful” for anything that she disagreed with me on, as if doing so, she magically won her position. A great education, dear girl, thank you!

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  12. mvotano58Comment by mvotano58
    October 11, 2012 @ 11:26 am

    The best evidence of the failure of affirmative action is Barack H. Obama.

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  13. Arturo R. Pasarón PérezComment by Arturo R. Pasarón Pérez
    October 11, 2012 @ 6:23 pm

    Cuando la raza es el puto de análisis para determinar, una posición, existe discriminación racial y no la selección mediante características esenciales de contenido individual para cumplir el objetivo que se persigue: mediante aptitudes Físicas o mentales. Discriminar es sinónimo de diferenciar por algún parámetro, hacerlo por características del color de la piel, es justo para trabajar por ejemplo en África, Asia o los países nórticos, de manera encubierta o algo por el estilo. Hacerlo por sexo tiene sentido cuando esa cualidad es determinante, pero discriminar la capacidad intelectual y sus derechos relacionados, por sexo o por color, es una degradación a la dignidad humana, para todos los integrantes de la selección, no importa el número de colores, sus tonos y sus combinaciones.

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    • cdrcodyComment by cdrcody
      October 11, 2012 @ 11:49 pm

      Translation courtesy of Google Translate. No editing involved – just as it is cut and pasted.

      “When race is the ******* analysis to determine a position, there is no racial discrimination and selection by individual content essential features to meet the objective pursued: by physical or mental abilities. Discriminating differentiate stands for a parameter, do by characteristics of skin color, is just to work for example in Africa, Asia or countries nórticos, covertly or something. Doing sex makes sense when that quality is key, but discriminating brainpower and related rights, sex or color, is a degradation of human dignity for all members of the team, no matter the number of colors, tones and combinations thereof.”

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