US top court justices challenge university race policy

WASHINGTON, (Reuters) – U.S. Supreme Court justices yesterday vigorously challenged a University of Texas admissions program that favors some African-American and Hispanic applicants in a case that could determine how universities use affirmative action at campuses nationwide.

The legal battle is the most closely watched case of the court’s current term, striking at the heart of two defining American characteristics – race and opportunity. The country’s racial makeup has also changed significantly over time, with racial and ethnic minorities making up more than half of the children born in the United States for the first time this year, according to government data.

The University of Texas and its supporters contend that universities must have the flexibility to consider race to ensure diversity. Opponents say it is time to eliminate racial preferences, which they say are unconstitutional.

In Wednesday’s arguments, members of the court’s conservative wing pressed a lawyer for the university on the goals of affirmative action and whether universities would ever be able to stop using race in their admissions decisions.

Some of the liberal justices suggested the court should not overturn its prior rulings.

Justice Sonia Sotomayor summed up the central issue facing the court: “When do we stop deferring to the university’s judgment that (considering) race is still necessary?” she asked. “That’s the bottom line of this case.”