Group sues UT again over race in admissions

A nonprofit group sued the University of Texas on Thursday in state District Court in Travis County, contending that it is violating the Texas Constitution and state law by considering the race and ethnicity of applicants for admission.

Students for Fair Admissions Inc. filed a virtually identical lawsuit against UT in 2017, but Judge Scott H. Jenkins dismissed it in rulings last December and March. Jenkins found that the case was fatally flawed because the sole person put forward as a “standing member” was seeking to enroll in UT's Butler School of Music, a category of applicants whose race and ethnicity are not considered.

At least three-fourths of UT's freshmen from Texas gain admission under a state law that grants it automatically based solely on high school class rank. Most other applicants receive a so-called holistic review that takes race and ethnicity into account along with grades, essays, leadership qualities and numerous other factors.

“It is our belief that the Texas Constitution unequivocally forbids UT-Austin from treating applicants differently because of their race and ethnicity," said Edward Blum, president of Students for Fair Admission. "We believe that most Texas judges and justices will agree with our interpretation of the Texas Constitution."

The U.S. Supreme Court upheld UT’s consideration of race and ethnicity in undergraduate admissions by a 4-3 vote three years ago. That case was organized by Blum, although the plaintiff was a white woman who had been denied admission.

"The university has not yet received the new lawsuit from SFFA," UT spokesman J.B. Bird said. "We agreed with the judge's decision to dismiss SFFA's previous lawsuit, and we remain confident in the lawfulness and constitutionality of UT-Austin’s holistic admissions policy, which the U.S. Supreme Court upheld in 2016.

The latest lawsuit was expected, as Students for Fair Admissions said last month that it was preparing another case with students who were rejected this year and last year. The lawsuit notes that Section 3a of the state's Bill of Rights, approved by voters in 1972, reads, "Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin." The lawsuit also cites an anti-discrimination provision of the state's Civil Practice and Remedies Code.

Students for Fair Admissions also is pursuing legal challenges in federal courts against affirmative action in admissions at Harvard University and the University of North Carolina at Chapel Hill.