Questionable future for affirmative action in college admissions

The future of affirmative action in college admissions is unclear as the U.S. Supreme Court is set to hear a case on the issue later this year. The nation’s highest court will hear a case brought by a white student, Abigail Fisher, who says she was denied admission to the University of Texas because of her race.

Back in 1997, in order to allow for diversity in student bodies without considering race, the Texas legislature passed a law that required all public universities in the state to admit students in the top 10 percent of their graduating class. Fisher did not qualify for the Top Ten Percent Law’s automatic admission. Instead, she applied in the traditional manner and was considered along with other non-Top Ten students — some of whom were entitled to have their race considered as a plus on their profile via affirmative action. Fisher was denied admission and says it was because she is white.

Experts say this case could have the potential to take down affirmative action, created to promote diversity in academic settings, altogether.

“This case presents the court with an opportunity to clarify the boundaries of race preferences in higher education, or even reconsider whether race should be permitted at all under the Constitution’s guarantee of equal protection,” Edward Blum, director of the Project on Fair Representation, told ABC News.

Changes to the U.S. Supreme Court, namely the retiring of Justice Sandra Day O’Connor and her more conservative replacement Justice Samuel Alito, have some believing that the affirmative action case could lead to significant changes. Justice Elena Kagan will not hear the case due to her having handled the issue while working as the U.S. Solicitor General.

“The addition of Justice Alito to this court adds an element to the case that would not likely have been there with Justice O’Connor,” said Blum in his interview with ABC News. “The difference is that Justice Alito has shown himself in other cases to be more skeptical of racial classifications and preferences than did Justice O’Connor.”

Because of the U.S. Supreme Court’s already full roster of cases, a decision in the affirmative action case is not expected until October, just one month before the general election — which means the topic of affirmative action could become an election-year issue.