Tyler Pruett


In recent years, affirmative action in higher education has been challenged in courts, legislatures, and public referendums. California has eliminated race as a consideration in admission decisions for public colleges and universities. The Fifth Circuit Court of Appeals (which covers Arkansas, Louisiana, Oklahoma, and Texas) wrote in Hopwood vs. Texas that "the use of race to achieve a diverse student body ... simply cannot be a state interest compelling enough to meet the steep standard of strict scrutiny."1 Recently, a series of advertisements appeared in college newspapers around the country accusing colleges and universities of using racial preferences illegally in admission decisions. The newspaper ads, by the Center for Individual Rights, are headlined "Guilty by Admission" and charge that nearly every elite college in the United States violates the law.