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Don't Mess With Texas? How the Supreme Court Should Rule on Education Case

Posted: 10/10/2012 9:54 am

As high school seniors across the nation get ready for Homecoming, today the Supreme Court will be hearing arguments that could determine what kinds of experiences they will be exposed to in college next year. The Court will hear Fisher v. Texas and decide whether the University of Texas -- and, by extension, all institutions of higher learning -- can consider the race of a student as one factor among many in a holistic review of a student applicant. The Supreme Court has already endorsed as constitutional an admissions policy very similar to that used by Texas a half-dozen times over the last half century, and, most recently, nine years ago in Grutter v. Bollinger. Yet, despite having this matter settled many times previously, we are somehow again debating the importance that quality and diversity play in our nation's colleges and universities.

Sadly, you may not hear many Members of Congress speak about this important case. It will, after all, be heard less than one month before the election and the topic is touchy. Many ask themselves, "Why should I care? Aren't we living in a society where we don't need to consider a person's race anymore?" To answer this question, one must consider the fact that college diplomas still remain elusive for many minorities. White students are five times as likely as black students to enroll in a highly selective college, and two to three times as likely to gain admission -- even after accounting for income differences between black and white families. Other minorities, Hispanics and low-income Asian Americans and Pacific Islanders (AAPIs), face similar hurdles. This racial disparity cannot be attributed to academic preparation, as the racial gap in preparation has actually narrowed in the last few decades, but rather to the fact that while we have made progress, we still do not live in the kind of post-racial society in which equal opportunity policies are not needed.

Considerations of applicants' test scores, socio-economic status, leadership skills, grades, geography, extracurricular activities, life experiences and racial and ethnic background (and experiences that one might have as a result of that background) lead to a more diverse campus environment and better educational experiences for all students. The over 70 amicus briefs filers on behalf of the University from a wide range of groups such as military leaders, colleges and universities, social scientists, religious groups, civil rights organizations, women's groups and many of America's largest companies all agree. I, too, agree with our nation's flagship universities and top-tier institutions that we must have the flexibility to consider all sides of an applicant for admissions.

Some think that university admissions should be decided solely on grades and test scores. They are certainly key factors to consider, but I think we all would agree that it is nonsensical to suggest that one's SAT score in high school should dictate how wide the gates of opportunity should be for the rest of one's life. However, should the Supreme Court vote against the University of Texas in favor of Fisher, given persistent achievement gaps, even after controlling for family income, this is exactly what would happen. The ruling would make the student bodies of many colleges less diverse and cause the lives of those already attending the universities to be less enriching. Less exposure to diversity is not only an issue of racial understanding and about opening up the doors of opportunity, but also one that strikes at the heart of our nation's economic competitiveness.

Our businesses rely on our higher education system to provide the pipeline of talent we need to compete globally. These companies know, through decades of experience, that students who are exposed to others from diverse backgrounds make for better workers. These benefits accrue regardless of the student's race. Diversity in our workforce is vital to getting our economy get back on its feet and crucial to the success of American enterprises as our international business grows.

I wholeheartedly believe that when a student's race is considered, it must be done in a careful and thoughtful way. Let us hope, for the sake of our nation's economic health, that the Supreme Court continues to let universities determine their own admissions criteria.

Rep Michael Honda is the representative of Silicon Valley and member of the House Budget and Appropriations Committees.

 

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As high school seniors across the nation get ready for Homecoming, today the Supreme Court will be hearing arguments that could determine what kinds of experiences they will be exposed to in college n...
As high school seniors across the nation get ready for Homecoming, today the Supreme Court will be hearing arguments that could determine what kinds of experiences they will be exposed to in college n...
 
 
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inthedesert
Those who never question will fall for anything.
08:05 PM on 10/10/2012
Mr. Honda. California is a cesspool of illegal immigrants now and thanks to our Gov, they can now get assistance from the state for their college education. Not all states want to be another California sir.
HUFFPOST SUPER USER
BlairCase
12:42 AM on 10/12/2012
The University of Texas is defending, not attacking, affirmative action before the Supreme
Court. Texas permits undocumented immigrants who graduate from Texas high schools to pay in-state tuition rates at state colleges and universities. The University of Texas at El Paso (UTEP) charges Mexican students who live across the Rio Grande in Juarez a special rate that is higher than what Texas residents pay but lower than what residents from other states pay.
06:18 PM on 10/10/2012
Affirmative action needs to be taken out with the trash. It was appropriate for a generation or two but we do not need it anymore. The civil rights act was passed in 1964 so minorities in this country have had a head start for almost 50 years. It is time minorities stopped acting like victims and start demanding higher educational standards for their children. Only the best and brightest should be able to attend our universities no matter what color of your skin is. On the flip side our government has an obligation to provide better schools and higher educational standards for all children. I think we can start with a 250 day school year and the elimination of summer vacation. Summer vacation is a throwback to when the US was an agricultural economy and is not needed anymore.
03:53 PM on 10/10/2012
Lets see! minority students from middle and upper middle income familys still score lower than whites from lower income familys.At Cal Tech 1.5% of their student body is black. No body wants affirmative action in the NFL or NBA. Why is because only the best qualified play. How is America going to compete with India, China,Japan, Finland etc. if their using their first string to educate and this country is using 2nd. and 3rd. stringers?
07:22 PM on 10/10/2012
Actually there is affirmative action in the NFL and the NBA. You don't see teams signing all quarterbacks or all point guards. They set aside roster spots for different people with different roles who can contribute different skills to their team. In sports there are also things called intangibles which is why the people who produce the best stats aren't always considered the best players. College is the same way. Their goal is not to admit the best INDIVIDUALS, their goal is to admit the best TEAM. And the best team in a learning environment is to have different people with different experiences who can contribute different ideas and perspectives. That is why test scores and grades aren't the ONLY consideration when you apply to college (you have recommendations, a college essay, extracirriculars, etc.). So I would disagree with your assertion that we're using our 2nd or 3rd string. We have a 1st string higher education system and that's because our diverse population is what makes our learning environments far superior then any other and is why people all over the world come here to learn.
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11:36 AM on 10/11/2012
This is not Affirmative Action. No sports team use race to determine who will be a good fit for their organization. When we deny a better qualified student (one who has better grades, test scores, essay, extracirriculars, etc.) a place in school and give that place to someone with lesser qualifications based solely on race we not utilizing our best and brightest.
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BlairCase
12:47 AM on 10/12/2012
The constitution doesn't protect citizens from discrimination based on ability, but it does protect them from discrimination based on race, religions, gender or national origin. Imagine how NFL or NBA would react if they had to to draft players based on race or ethnicity.
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inthedesert
Those who never question will fall for anything.
08:07 PM on 10/10/2012
You have a great point here. America's educational standards are a mess thanks to college admissions based on minority status versus educational exceptionalism. California used to have an educational system that was the envy of the world. Now look at it.
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somepeoplecallmethestig
It's 5 o'clock somewhere.
03:28 PM on 10/10/2012
I have learned from this issue and from Liz Warren that you can claim to be NA based on what mom and dad say. I have started telling my kids they are 1/8th Native American, and if you ask them for proof all they have to say is my daddy told. Now they can check the box
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HUFFPOST SUPER USER
NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
03:16 PM on 10/10/2012
dont mess with texas?

texas is a flyover state- avoid it at all costs..
there is nothing good happening in texas.

the governors summer home is called nggrhead ranch.. for gods sake
10:49 PM on 10/10/2012
You mean the state with a balanced budget, Seems more people are flying and taking their businesses from taxifornia to Texas. Leave California before it's too late. It's about to go bankrupt and it's schools are becoming miserable failures. Texas=Balanced budget. California=bankrupcy and a welfare state.
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HUFFPOST SUPER USER
NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
01:43 AM on 10/11/2012
i don't live in california- 
01:13 PM on 10/11/2012
Texas has the best economy in the USA, companies flock to headquarter here, the housing market is robust, people here enjoy a happy successful lifestyle!
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HUFFPOST SUPER USER
NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
03:37 PM on 10/11/2012
it has the worst standard of living and the poorest education and salaries in the USA...-texas sucks- avoid it if you can- its a flyover state.
03:12 PM on 10/10/2012
This great country of ours needs to focus more on socioeconomic status of and opportunities afforded to said applicants than to blindly use race when considering the applicant's profile.

Does a poor inner city black student have less opportunity than a poor inner city white student? Perhaps... but it is likely that neither of them have the same opportunities as anyone from a middle- or upper-class suburb, black, white, brown, or otherwise.

Hypothetically, explain how the children of a black Cardiologist on Long Island have less of a chance at the "Top-Tier" than the children of a white police officer in Queens?
10:53 PM on 10/10/2012
White children from poor familys score higher on tests than middle class and upper middle class black familys. That's how.
01:02 PM on 10/11/2012
Station--Can you back that up with facts, please?

If, and that's a big IF, what you're asserting is true, then what do you hypothesize is the root cause? A wealthy doctor would be able to provide his children with a secure home, consistent meals, a good school district to grow up in, sports to play, etc...
01:07 AM on 10/11/2012
I totally agree. Affirmative action should continue but it should be tied purely to socio-economic conditions as oppose to race. Since many minorities have large percentages that are lower class, then you will probably still end up helping the group you were aiming for without the political hot potato of race thrown in there. Then opponents of affirmative action will have to argue against helping poor people instead of claiming discrimination, which they are unfortunately right about.
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HUFFPOST SUPER USER
BeasTT
03:06 PM on 10/10/2012
What Mr. Honda does not recognize, is that the same way colleges cannot punish someone for their race, they also cannot reward them.

The Supreme Court has already ruled in a similar situation, DeStefano vs Ricci, where White firefighters cannot be punished because a Latino firefighter did not score as well on the same test.

It is not the fault of White people (or any people) if someone else does not perform to an equal or above standard.
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inthedesert
Those who never question will fall for anything.
08:08 PM on 10/10/2012
This is the same as rewarding illegals with citizenship and all the goodies that come with that. NOT.
02:07 PM on 10/10/2012
Race should not be considered for university admissions, just as height, obesity, glasses, hair should not be. Socioeconomic status ought to be considered as a major factor for university admissions.
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ChiBloger
And the truth shall set us ALL free
03:03 PM on 10/10/2012
Race has always been considered. It is amusing that some complain now that it is simply not just a 100% white racial quota. Given past admission criteria the legacy admission process is also racially discriminating.
04:49 PM on 10/10/2012
Lets get away from legacy. It also discriminates against poor whites. Keep academic standards the highest n the world in our 4 year universities. Let the students who can graduate from a 2 year community college entrance. We have to compete with the world.If we keep on dumbing down our educational standards the rest of the world that requires only the brightest shall attend will soon pass us by and America will no longer be a major player in the world economy.
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HUFFPOST SUPER USER
NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
03:19 PM on 10/10/2012
its usually the people already at the head of the line or their stooges making this argument.

until they put these laws on the books- there were no black students at any of these schools.

people like you have got yours- so you give us- the everything is equal- even steven argument...
they remove these laws from teh books- it will be all white again. your plan huh?
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BigWillyG
05:28 PM on 10/10/2012
Texas public universities already have diversity by virtue of accepting anyone in the top 10% of their public school class. Getting rid of AA won't change that at all.
07:55 PM on 10/10/2012
Asians score regularly higher than whites.
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blackraisin
Life, Liberty, Property.
01:46 PM on 10/10/2012
"The Supreme Court has already endorsed as constitutional an admissions policy very similar to that used by Texas."

Actually they haven't. As per Grutter, in order to meet with strict-scrutiny the policy must be narrowly- tailored so as to be as inoffensive and specific as possible. Justice O'Connor's test requires "serious good-faith consideration of race-neutral alternatives." UT's top 10% rule, which is race-neutral is a great success and has already led to an incoming class that if I recall, is majority minority. UT must consider using only this law to achieve their desired results to be in good-faith. Their additional consideration of race is redundant and thus unconstitutional, unless they can prove that the Top 10% policy is ineffective, which it is not.
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HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
01:17 PM on 10/10/2012
I think the world of education, K-12, and higher ed as well, are going to die a horrible, lingering death in the face of...The Internet. The Internet doesn't care, what you look like, what your gender is, what your ethnicity is, or how old you are, it just...is. What IS 'it'? 'It', is the 24/7/365 opportunity-providing excuse-killer of academia. Want to learn? What do you want to learn? Can you use a computer? Got signal? Are you motivated, are you half-way intelligent? Why are you still standing here? That's about the long, and short of it. As far as ethnic politics and advantage-seeking based on it in the world of traditional brick-and-mortar academia, well, with all the brouhaha about cheating and test scores, ranging from the ivied halls of Harvard to the lowest/highest grades of Atlanta, and Chicago, and probably Los Angeles and elsewhere, even far, far beyond our borders, because we are this glorious 'global' village today, I think all that business will also subside. To those who want to learn, and are willing to put in the hours, go the spoils of alphabet-soup-after-your-name. Which, in this day and age, is still-no-guarantee-of-anything. Watch for flying elbows, figurative and otherwise!
12:53 PM on 10/10/2012
You did a great job setting up straw men and then knocking them down without addressing the real issues in play.

First, the University of Texas achieved ethnic and racial diversity without consideration of race or ethnicity in its application process. Specifically, the top 10% (now 8%) of graduates from every high school in Texas gain automatic acceptance to the University of Texas. Texas has many high schools where nearly all the students are minorities. These schools, among others, provide a steady pool of minority students GUARANTEED admission at UT.

The 10% rule is not at issue in the case before the Supreme Court. Rather, UT also admits students who do not otherwise qualify pursuant to the 10% rule. For this tier of applicants race and ethnicity are factors considered in the admission process. Ironically, on average the minority students admitted in this tier have higher grades and test scores that those admitted pursuant to the 10% rule. That's because at highly competitive high schools many otherwise qualified students don't graduate in the top 10% of their class. The easiest way to get admitted to UT is to attend an underperforming high school.

Thus, the question becomes why do we need a system that take race into account if there already exists a system that produces ethnic and racial diversity without considering race as part of the admissions process? Forget the straw men and PC blather, and take a stab at answering that question.
Frank Padia
I can't believe you are saying..these things just
12:52 PM on 10/10/2012
As always, people are attacking Texas without knowing or caring about the facts. The case is not based on race, but on the fact Texas has a 10% rule. This rule means that any student who graduates in the top 10% of their class is automatically admitted to a state college. The rule applies to every school, not the top 10% across the state. The result has been minority enrollment at state colleges is far ABOVE what the populaition of the state would indicate. The plan has promoted more minortye enrollment. The lawsuit is about a woman denied entrance to UT and acceptance of a minority student with lower test scores and lower grades. So essentially, minority students now get automatic admission as part of the top 10% and because of their race. I thought affirmative action was about leveling the playing field, not stacking the deck
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HUFFPOST SUPER USER
NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
03:22 PM on 10/10/2012
texas sucks.
flyover it
04:26 PM on 10/10/2012
Good comeback, dude. Bet Frank is stuck for a rebuttal to THAT.
HUFFPOST SUPER USER
matilda81
03:55 PM on 10/10/2012
The top 10% rule is crucial to having a diverse population at U.T. Without it, many rural area students would never go on to attend anything other than a community college. In rural high schools, students do not have access to the Princeton Prep, while at competitive (aka rich) high schools, SAT Prep courses are the norm. Subsequently, SAT scores at the poorer schools are lower. The top 10% rule does level the playing field. However, if the top 10% students actually do not have the intellectual capacity to attend U.T., they fail out. Until the education system in Texas is improved overall, and rural area students receive the same teaching as those in wealthy public high schools, then the 10% rule should remain.
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HUFFPOST SUPER USER
Democrab
Pretty far so good
12:48 PM on 10/10/2012
I wouldn't rely on the stupid SCOTUS for any measure of fairness. They're hopelessly partisan and leaning to the right. If you want to give minorities a better shot at a quality education, vote for Barack Obama. Republicans are going so far as to say college isn't that important any more anyway. What a crock that is. Obama supports lower interest student loans and wants everyone to have a shot; including white kids! Obama is a strong proponent for education being the root of a stronger economy and prowess on the world stage. Republicans say those dinosaur bones are about 6,000 years old and there's no global warming.
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BeasTT
03:07 PM on 10/10/2012
They upheld Obama's health care law, were they stupid then ?
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NoireLion
1st 505thParachute Infantry Regiment 82nd Airborne
03:25 PM on 10/10/2012
exactly- that picture at the top- the all white men's club - is going to unerringly do whats great for business. you can take that to the bank...
and derailing anything having to do with human or civil rights- they can get their hands on....

we need a new court to overturn all the heinous backwards precedents set u by this court- as soon as possible....these are the most on the take people who have ever served as Justices.
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cynthia3217
PHD in truthiness
12:21 PM on 10/10/2012
Since TX is guilty of re-writing history in their textbooks, I cannot keep a straight face when Texas and education are mentioned in the same sentence. On point, if public education was color blind, then we can take race out of consideration. However, our public schools in certain districts are having their budgets targeted for cuts. Head Start programs are being targeted for further cuts.

Until race is not an economic impediment, nothing should change.
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Kenright
I am my brother's keeper, not yours
01:07 PM on 10/10/2012
Is the accusation that Texas has re-written history a controversial statement, or does everyone agree with your assessment?
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cynthia3217
PHD in truthiness
01:29 PM on 10/10/2012
It is not controversy when it is a fact (Louisiana, also).  http://www.guardian.co.uk/world/2010/may/16/texas-schools-rewrites-us-history
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gutenmorgen
a.k.a. poopdeck
01:52 PM on 10/10/2012
Because my three children have gone to schools in Texas I know that they have never learned that chattel slavery was illegal in Mexico at the time when Texas became an independent nation. While that is not re-writing it certainly is blatantly dishonest because that fact strongly suggests that the subsequent introduction of legal chattel slavery into Texas was a major reason why Texans fought for independence.
01:42 PM on 10/10/2012
Be careful.... Texas is the state that dictates what is included in textbooks that go all over the nation sooo. Uh, oh, right?
It is silly to target Texas as THE state that re-writes history. I can't think of ONE state in the US that hasn't done that. I can't think of ONE politician who hasn't done that, either. This case is just representative of many issues in many places, not one issue in Texas.
11:56 AM on 10/10/2012
I have some issues with TX's plan on admitting students to its public universities.

TX even admits the top 10% rulen has increased racial diversity in colleges partially because its public high schools aren't diverse. Look at how some the boundaries for some high schools are drawn. Look at how many of TX southern counties are mainly Hispanic or that that many of its urban areas like Dallas have and Houston are a smaller percentage of white residents then the state as a whole.

TX also admits the top 10% rule hurts students at private and parachial schools because the 10% rule only applies to public high schools so students, white or minority, have at a slight disadvantage when applying to the top TX colleges like UT Austin and UHouston because of the number of seats set aside to students from public high schools.

A racially diverse university can bring benefits but how does the university define having a 'critical mass' of minority students. I believe strict quatas have been ruled unconstituitional. Is UT Austin better off with 10% of students being African-American, 15% being Hispanic and 5% Asian American? or is UT Austin better off if 15% of students are African-American, 20% being Hispanic and 8% being Asian-American? To some extenst, there is a diversity paradox. As a student population grown more diverse, students tend to self-segregate based on race-which could lower interracial student interaction in the class room and in social-circles.