Yesterday, 37 state legislators, led by Houston's Senator Rodney Ellis, filed an Amicus Brief with the Supreme Cout of the United States in support of the University of Texas' admissions policy, which utilizes race as a consideration. The admissions policy was adopted after Grutter v. Bollinger in 2003, which outlined acceptable ways to use race.
The University's policy was upheld both by District Court Judge Sam Sparks and the Fifth Circuit Court of Appeals. The Supreme Court will decide this case without the help of Justice Elana Kagan, who has recused herself from the case.
If the high court rules against the University of Texas, the increased diversity at UT and other institutions across the country will likely start reversing without some other effective public policy.
In filing the petition, Ellis said, “I fear that if the Supreme Court overturns UT's admissions policies, we will likely see campuses that do not reflect a state as diverse as Texas. I pray the Supreme Court will recognize the wisdom of its prior decision, because we cannot afford to roll back the clock on a half century of progress.”
The legal counsel for the legislator's brief includes Robin Lenhardt of Fordham University School of Law, Michelle Adams from Cardozo School of Law, John Brittain from the David A. Clark School of Law at the University of District Columbia, and Eric L. Lewis, a partner at Lewis Baach PLLC.
Every Democrat in the Travis County delegation at the Texas Legislature joined Senator Ellis with this brief. Congressional nominee Marc Veasey was also among those who joined.
Read the Brief below the fold.