A student who was denied admission to the University of Texas has asked the U.S. Supreme Court to review the university’s consideration of race in undergraduate admission decisions.
The request was expected after the 5th U.S. Circuit Court of Appeals upheld UT’s use of race and ethnicity in admissions.
The case dates to 2008, when two white students, Abigail Fisher and Rachel Michalewicz, sued UT, contending that its practice was unconstitutional.
U.S. District Judge Sam Sparks of Austin rejected that argument in 2009, concluding that the program is narrowly tailored to further a compelling governmental interest in diversity. A three-judge panel of the circuit court upheld his ruling in January, and judges on the court declined by a 9-7 vote in June to review that decision.