That appears to have been a key concern of the Justices, signaled by them during the oral arguments in the University of Texas case last week.
http://verdict.justia.com/2012/10/17/the-recent-supreme-court-affirmative-action-oral-argument-zeroes-in-on-the-concept-of-critical-mass
This is the first time since 2003 that the high court has looked at affirmative action in the college-admissions context. It presents a chance for the Justices to clarify and refine --- or reverse --- the principle that admissions offices can make race one factor in admissions decisions.
http://verdict.justia.com/2012/08/31/does-the-diversity-justification-for-affirmative-action-misuse-minority-students
http://verdict.justia.com/2012/02/27/the-supreme-court-agrees-to-hear-an-affirmative-action-case
In the 2003 case, Grutter v. Bollinger, the admissions office included ethnicity as one factor in its decisions.
http://supreme.justia.com/cases/federal/us/539/306/case.html
In this latest case, UT-AUstin used the blunt instrument of guaranteeing admission to the top ten percent of all graduating high-school classes in the Lone Star State, a method which ensured a disparate impact on white students in the better suburban school districts in favor of students of color in inner city schools,a s well as students in small rural school districts.
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