5th Circuit rehears affirmative action appeal - Dallas News | myFOXdfw.com

5th Circuit rehears affirmative action appeal

Posted: Updated:

By CHRIS TOMLINSON
Associated Press

AUSTIN, Texas (AP) - The 5th Circuit Court of Appeals is rehearing an affirmative action case brought against the University of Texas.

The judges will hold a rare meeting in Austin on Wednesday after the U.S. Supreme Court said they didn't properly apply past decisions when deciding whether the university went too far with affirmative action.

Abigail Fisher, a white Texan, sued the University of Texas at Austin after she was not granted admission in 2008. She argues that the university improperly used race as a factor in its decision. UT officials say race plays a role in only 25 percent of admissions. They say the system they use makes it impossible to know if race was the deciding factor in Fisher's case.

UT officials say a diverse classroom provides a better education.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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