<p>GMT, UT Austin, wants to keep every bit of flexibility they can. That’s standard operating procedure. What they may be saying, and I have not been on top of this, is that because the law in place, because AA is permitted, that race can be a holistic factor, they reserve the right to do this whether or not it is “needed”; This is all very tricky because when is it “needed”? </p>
<p>If you start a school, and set the admissions standards such that, say, test scores are the important deciding point, and you draw your line, and you end up with all Asian kids, you will quickly find out that you won’t even get them as paying customers because most of them don’t want to be at an all Asian school either. This sort of thing happens all of the time. Schools that are in danger of becoming lopsided in the gender ratio are justifiably concerned because once the ratio becomes too far over, the school starts suffering because without some gender preferences given, over all admissions is adversely affected. Girls hate, hate, hate it when they are “discriminated against” but they are not as likely to go to a school that is say, 70% female which is the natural consequence if males in that scenario are not given an admissions boost. That is what is happening, by the way, at a number of colleges these days. </p>
<p>I know a number of folks who decided they did not want to go to schools that were “too vanilla” and they were of color, which whitewashed the schools all the more. You can see that there is a areal pragmatic issue at stake. </p>
<p>Gruber makes it even more difficult because a quota is not permitted for race and yet, clearly some sort of fuzzy quota is in effect at any school taking race into account. </p>
<p>I want to add that I am very sad at the way the SCOTUS has evolved. That we can predict how Justice Thomas will vote, as well as Justice Sotomayer, Kagan and some others just because of how they feel about “things” not looking at the merits of a case and how it all fits into the Constitution and the changing dynamics of life is very, very sad to me. The SC should NOT be as politicized as it is these days. I am so hoping that Roberts, Sotomayer, Kagan can be belly up and truly understand how they should be viewing cases, not as their own personal opinions but in the context of the law, the Constitution and this country. I have no hope for some Thomas and some of the others and it’s my personal opinion that it is a travesty that he is sitting where he is.</p>