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WASHINGTON - Asian Americans Advancing Justice ("Advancing Justice") is encouraged by today's Supreme Court decision in Fisher v. University of Texas at Austin ("Fisher"), which correctly reaffirms that diversity in higher education is a compelling interest and that universities can consider race and ethnicity as factors in admissions. Abigail Fisher's legal team failed to strike down the University of Texas at Austin's ("UT-Austin") admissions policy, but Advancing Justice is concerned that the Supreme Court sent the case back to the lower court, ordering it to take a closer look at whether UT Austin's consideration of race was necessary. Advancing Justice stands by its commitment to race-conscious admissions programs and is confident that UT Austin's consideration of race in its admissions policy is constitutional.

In a 7-1 vote, the Supreme Court vacated the Fifth Circuit Court of Appeals' ruling that had upheld UT-Austin's use of race as a factor in its holistic admissions program. In sending the case back to the Fifth Circuit for reconsideration, the Court specifically did not overturn its precedent in Grutter v. Bollinger, which recognized that race can be considered as one of many factors to further a compelling state interest in educational diversity. Although UT-Austin's admissions policy was carefully fashioned to comply with the Supreme Court's Grutter decision, today, the Court held that UT-Austin still has to prove that consideration of race in its admissions policies is necessary to achieve the educational benefits of diversity.

"Our communities benefit from these programs because K-12 schools are more segregated and unequal today than they were 40 years ago and the predictive value of a standardized test like the SAT is minimal at best," said Christopher Punongbayan, acting executive director of Advancing Justice - Asian Law Caucus (ALC). "UT-Austin's holistic admissions program rightly recognizes that in order to fully understand and evaluate an applicant's experience, achievements, and promise, schools need to look at the whole person, including race." Advancing Justice - ALC is co-counsel on a lawsuit that challenges Proposal 2, a Michigan state ballot initiative, like California's Proposition 209, that banned race-conscious affirmative action in public higher education. The case is slated to be heard before the Supreme Court next term.

Last summer, Advancing Justice and a coalition of more than 70 Asian American groups filed an amicus brief with the Supreme Court in Fisher in support of race-conscious admissions programs in higher education. The brief described how race-conscious admissions programs have opened up the doors for Asian Americans in higher education, employment, and government contracting. Also it argued that the breadth of challenges faced by the Asian American community, which is composed of dozens of distinct ethnic groups with greatly differing experiences, socio-economic status, and educational attainment, cannot be adequately captured without considering race as one factor when their overall application is individually reviewed.

UT-Austin has a hybrid admissions plan. Its "Top Ten Percent" plan admits applicants based solely on whether the student graduated at the top ten percent of her or his class. Most of UT-Austin's class is admitted through the Top Ten Percent plan. UT-Austin's holistic admission program, on the other hand, admits students based on an individualized review of each applicant, taking into account a wide range of factors including, test scores, grades, awards, extracurricular activities, leadership, socio-economic status, languages spoken at home, family responsibilities, and race. UT Austin's holistic review does not use quotas, award fixed points, or set aside any designated seats for students of color. In the year Fisher applied, only 14 percent of UT-Austin's entering class were admitted through the holistic admissions program.

"We are pleased that the court has reaffirmed that diversity in education is a compelling and critical national interest," said Mee Moua, president and executive director of Asian Americans Advancing Justice - AAJC. "We are optimistic that after the lower court has reviewed UT Austin's policy that colleges and universities will continue to have the flexibility they need to ensure equal educational access for all and diversity in the classroom."

"Holistic admissions programs are vital components of higher education," said Tuyet Le, Advancing Justice - Chicago executive director. "They help to develop students who can successfully contribute to a diverse society, which is something we all have a stake in."

"Asian Americans have a long history of supporting affirmative action programs in coalition with other communities of color," said Stewart Kwoh, president and executive director of Advancing Justice - Los Angeles. "Asian Americans, like all students, benefit from programs that consider all aspects of a candidate's life experience, including race and language spoken at home. Given that the Supreme Court has re-affirmed that universities can consider racial and ethnic diversity in admissions, we encourage higher educational institutions to continue to ensure that all students have the equal opportunity they deserve to receive a quality college education."