</p>
<p>isher’s lawsuit challenges one of two ways the school seeks to achieve racial diversity. One, written into Texas law, requires the school to accept the students from the top 10% of each high school in the state. Since Texas schools, especially in poor districts, tend to be highly ethnically segregated, that boosts the admissions of black and Latino students to 21%. But the college also considers race in admissions for the final 25% of the class, in addition to a wide variety of other qualifications.</p>
<p>Only 15% of students accepted under the second process are black or Latino, prompting Kennedy to ask Rein how a white or Asian student could be harmed, since they actually have a higher chance of getting in. “If it’s so few, then what’s the problem,” Kennedy asked. Rein said the lower level of admissions meant it was uneccessary to consider race.</p>
<p>“Are you saying that you shouldn’t impose this hurt or this injury, generally, for so little benefit; is that the point?” Kennedy asked, making Rein’s legal argument for him.</p>
<p>At another point Justice Antonin Scalia asked the university’s lawyer, Gregory Garre, whether the school would give preferences to minority students from privileged backgrounds. Garre said yes, because the school sought diversity even within minority groups, since so many of the minority students admitted under the top 10% plan came from poor families.</p>
<p>“But this has nothing to do with racial diversity,” Scalia said. “I mean, you’re talking about something else.”</p>
<p>Alito also seemed concerned that wealthy students from preferred minorities might have an advantage over other applicants.</p>
<p>If you have -you have an applicant whose parents are — let’s say they’re — one of them is a partner in your law firm in Texas, another one is a part — is another corporate lawyer. They have income that puts them in the top 1 percent of earners in the country, and they have -parents both have graduate degrees. They deserve a leg-up against, let’s say, an Asian or a white applicant whose parents are absolutely average in terms of education and income?</p>
<p>Garre reversed course, saying the school goes out of its way to recruit students from disadvantaged backgrounds.</p>
<p>Roberts also picked at Garre, asking how the school determined the race of its students in the first place. He asked if someone one-fourth Hispanic should check the Hispanic box and Garre said that would be “self-determined.” Roberts then asked whether that would violate the school’s honor code. Garre said no.</p>
<p>“So how do you know you have 15 percent African American — Hispanic or 15 percent minority?” Roberts asked.
“Your Honor, the same way that that determination is made in any other situation I’m aware of where race is taken into account,” Garre said, through self-identification.