Court deals blow to racial quotas
in college admissions

July 1, 1996
Web posted at: 2:05 p.m. EDT

WASHINGTON (CNN) -- In a setback to supporters of affirmative action in education, the U.S. Supreme Court on Monday let stand a lower court ruling throwing out minority preference at the University of Texas law school.

Without comment from the full court, the justices refused to hear an appeal of the 5th U.S. Circuit Court of Appeals ruling that the school's affirmative-action admission plan discriminated against whites.

But Justice Ruth Bader Ginsburg offered an opinion, joined by Justice David Souter, that the fact the University of Texas had abandoned the policy in question had some bearing on the court's decision not to hear the appeal.

"We must await a final judgment on a program genuinely in controversy before addressing the important question raised in this petition," Ginsburg wrote.

The appeals court's ruling last March applies only to state-run colleges in Texas, Louisiana and Mississippi but it could influence cases in other jurisdictions with similar disputes. University of Texas officials and two civil rights groups appealed the ruling to the Supreme Court, hoping the justices would settle the issue of affirmative action for the entire country.

The Texas law school's plan had set lower test score standards for African-American and Mexican-American applicants, and set up a separate review board for those applicants, in order to achieve a 10 percent Mexican-American enrollment and a 5 percent enrollment of black students. Four unsuccessful white applicants challenged the policy, claiming the quota system violated their rights.

A trial court agreed, and on the subsequent appeal, the appeals court went further, ruling "the law school may not use race as a factor in law school admissions."

The lower court ruling ran counter to a 1978 Supreme Court ruling that race could be one of many factors, but not the sole factor, used to determine college admission.

In other rulings issued Monday, the high court:

• -- Ruled that savings and loan institutions can sue the U.S. government for breach of contract in some cases.

• - -Asked a lower court to review the legality of a Baltimore ban on some cigarette advertising billboards.

• -- Upheld a Pennsylvania law giving police power to search cars for drugs without a warrant.

• -- Let stand a lower court ruling that struck down Missouri's limits on individual campaign contributions to candidates for local and state offices.

• -- Refused to revive former pro basketball player Joe Caldwell's anti-trust lawsuit against the now-defunct American Basketball Association.

CNN Correspondent Anthony Collings and The Associated Press contributed to this report.

Related story:

• High court: Gov't can be liable in S&L case - July 1, 1996

Related sites:

• Supreme Court Decisions
• Justices of the Supreme Court

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• clari.news.usa.law.supreme

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