The Supreme Court on Monday made an unexpected decision regarding affirmative action in college admissions policies that continues to allow race to be used as a factor, but puts more weight on the university to prove that race-based affirmative action is needed to achieve diversity goals, according to UT College of Law Professor Lee Strang.

“Many people thought this was a chance for the Supreme Court to say two thumbs up or two thumbs down to race-based admissions policies, but it didn’t do that. The court dodged the question,” Strang said. “There is some strong language not favorable to race-based affirmative action, but it doesn’t give it a thumbs down.”

The decision continues to allow colleges and universities to use race as a factor in admissions policies, but it held that public institutions need to show good reasons to use race-based means to achieve the educational diversity goal. It puts the emphasis on the institution to prove, through studies or other means, that non-race-based alternatives to achieving a critical mass will not work, Strang said.

Contact Meghan Cunningham at 419.350.3879 to schedule an interview with Professor Strang.

Tags: College of Law