(Image Source: Flickr/LauraPadgett) 

BY VICTORIA CRAIG

A Supreme Court decision thought to remain valid for at least 25 years is up for debate again...16 years early.

This fall, the U.S. Supreme Court will determine the constitutionality of using race as a factor in the college admissions process. Atlanta’s WAGA explains what sparked the renewed discussion.

“A white student brought the case saying the University of Texas denied her admission because of her race.”

The Supreme Court’s decision to hear the case comes a decade after a landmark decision in Grutter vs. Bollinger, which granted colleges and universities the ability to choose whether they would use race as a factor in the admissions process to ensure adequate diversity in the student body. Fox Business outlines the UT policy that reignited debate.

“Texas has a very unique system of allowing everybody in the top ten percent to come on in, whatever race you are. And then after that, they take race as one of many, many factors.”

There are strong opinions on both sides of the argument. Bloomberg reports if the court decides to eliminate race as a factor, schools will then rely on socio-economic background information — which would likely result in the same outcomes during admissions.

“Looking at the 146 most selective colleges and universities, [a 2004 Century Foundation] study concluded that blacks and Latinos would account for 4 percent of the student body if admissions were based solely on grades and test scores. Race-based affirmative action increased that number to 12 percent. Had it been used instead, socio-economic affirmative action would have produced a 10 percent figure.”

But opponents of overturning the court’s 2003 decision say there’s still a need to lend a helping hand to those who face strong barriers. A writer for the Philadelphia Inquirer says race is still an issue.

“It's not wrong to crave a post-racial America, where skin color has absolutely no bearing on a person's ability to succeed. But there are too many signs - disparities in education, poverty, and health - that we’re not there yet.”

But many say the court is likely to overturn its original decision. Fox Business’ Andrew Napolitano explains that’s because the court has a different makeup than it did when it handed down its 2003 decision.

“The swing vote is now Justice Anthony Kennedy. By swing vote, I mean the person who frequently breaks the tie between the four liberals and the four conservatives. Justice Kennedy dissented in that University of Michigan case back in 2003.”

Adding to the likelihood of a reversal, Justice Elana Kagan, an Obama appointee, will not hear arguments in the case or be involved in the decision. The Wall Street Journal explains why.
 

“The Obama administration fought to squelch the case in the lower courts, taking the unusual step of filing a brief on the university's side at the Fifth Circuit. … Justice Elena Kagan, solicitor general when the Obama administration filed that brief, recused herself from the Fisher case.”

The Supreme Court is expected to hear arguments in this case in October — just weeks before the 2012 presidential election.