Magazine article Black Issues in Higher Education

UT Asks for New Hearing in Race-Conscious Asmissions Case

Magazine article Black Issues in Higher Education

UT Asks for New Hearing in Race-Conscious Asmissions Case

Article excerpt

AUSTIN

The University of Texas is asking a federal court to speed up the appeal of a lowercourt ruling that bars raced-conscious admissions at public universities.

University lawyers said last month that they are asking the full 14-member 5th U.S. Circuit Court of Appeals in New Orleans to quickly hear the case, which would provide for a speedy appeal by either side to the U.S. Supreme Court.

A process that could take years should be sped up because of the importance of the case and its impact on education, the university said.

The request stems from a Dec. 21 ruling, when the federal appeals court lifted U.S. District Judge Sam Sparks' 1998 injunction against UT that barred raced-- conscious admissions. In the ruling, the three-judge panel said Sparks violated civil procedure by not holding a hearing or supporting it in writing.

But the appeals court ruling had no real impact on admissions policies because the court said there was no legal reason to overturn a prior ruling in the so-called Hopwood case that effectively eliminated affirmative action. …

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