Aug 3, 2010 1:48 PM by Letitia Walker
NEW ORLEANS (AP) - Two white students who were denied admission
to the University of Texas at Austin are asking a federal appeals
court to rule that the school impermissibly uses race in its
undergraduate admissions decisions.
A three-judge panel from the 5th U.S. Circuit Court of Appeals
didn't immediately rule Tuesday after hearing arguments.
A federal judge in Austin last year dismissed the suit filed by
Abigail Fisher and Rachel Michalewicz, who were denied admission to
UT's 2008 freshman class.
The students claim UT's consideration of race in its admissions
process is unconstitutional because it pursues a representational
goal rather an educational one.
But a lawyer for the state says the policies adhere to a 2003
decision by the U.S. Supreme Court upholding affirmative action at
the University of Michigan law school.