In listening to media coverage of ...

[1StrongBlackMan]

Fischer v. University of Texas, I wonder why no one has raised what appeared in evidence at every level of the lower courts ... the fact that Fischer could not have been denied admission to the University of Texas BECAUSE of her race ... the evidence showed, both, White applicants that scored lower than Fischer, who were granted admission AND Black applicants that score higher than Fischer that were also denied admission.

It seems that we just assume that if ANY Black person gets something ahead of a white person ... regardless of qualifications ... that Black person gained at the expense of the white person.

[pnwmom]

1. Have you seen the SCOTUS opinion? All I heard about it was that it was very long.

Hopefully in all that length they might have addressed this question.

[1StrongBlackMan]

5. Yes ...

I read it this morning.

Nope ... Not a word. I would have thought the SCOTUS would have disposed of this case by pointing to (in any other court) the case's fatal flaw ... the woman hasn't suffered a harm.

[pnwmom]

8. I guess I should have seen the handwriting on the wall with this case

but I was still floored by the VRA decision today.

[1StrongBlackMan]

9. Believe me ...

I feel you. But for the entertaining and on-going lunancy here at DU, I'd be thoroughly depressed/pissed.

[okaawhatever]

2. That's a good question that I don't know the answer to. I do think they were basically

challenging the existence of AA. Also, what you stated about whites with lower scores being admitted and blacks with higher scores being denied may be a function of another policy Texas has. UT Austin automatically grants admission to the top 10% of students from each school or school district. That doesn't mean that accounts for the discrepancies you mentioned, just additional data.

[1StrongBlackMan]

6. But a threshold issue ...

in any claim is that the petitioner has suffered a harm.

One can't go to court, even if the law is unconstitutional on its face, unless you can demonstrate that you have been harmed by the law.

[kelliekat44]

3. Because evidence doesn't matter. It's just that Fischer wants to blame AA for her not getting in.

And the media does not focus on facts...just hype.

[1StrongBlackMan]

7. I suspect ...

you are right ... these days facts don't matter; precedent doesn't matter.

[SheilaT]

4. I'm not following this particular case very closely,

but a decade or so back the University of Michigan had a similar lawsuit, claiming discrimination against white applicants.

I have no idea of the merits of the case on either side, but it seemed to me in the Michigan case, and so I suspect it's a factor in this Texas case also, is that over the years the number of applicants to public universities has increased exponentially, while the spaces available have increased arithmetically, if at all.

So applicants who at some point in the past would have gotten in easily, no longer do.