THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, July 13, 1996 TAG: 9607130019
SECTION: FRONT PAGE: A14 EDITION: FINAL
TYPE: Editorial
LENGTH: 35 lines
One nonaction by the U.S. Supreme Court in the session that just ended has left as much confusion as any of the court's rulings.
The justices let stand a lower court opinion involving race-based admissions policies at the University of Texas law school.
In the judgment of the 5th Circuit Court of Appeals, the goal of creating a diverse student body didn't justify entrance stand-ards that gave added weight to minority applicants.
Since much of the effort to desegregate higher education has been built around the theme of diversity since the 1978 Bakke decision, the 5th Circuit ruling sent shock waves through the academic community.
The Supreme Court's failure to consider the decision may have the peculiar effect of dismantling affirmative-action programs in three states with a dismaying racial history (Mississippi, Texas and Louisiana), while leaving programs elsewhere intact.
Officials at Virginia's Council of Higher Education surveyed state schools when the 5th Circuit ruling was issued in March. None appeared to go to the extreme of the Texas Law School, which had different point scales for whites and minorities.
Hence, officials said, there was no need for change, although signals from the Supreme Court continue to be studied carefully.
A statement by Justice Ruth Bader Ginsburg suggested that the court's non-action was a procedural problem. The Texas case was not the proper one for making a broad statement on racial preferences in admissions, she suggested.
Until a better case is found, schools in the 5th Circuit may have to march to a different drummer while others await a less muddled tune. by CNB