What’s striking about this case—and what makes it frustrating to some observers—is the curious question of Fisher’s academic record. Put simply, as Nikole Hannah-Jones
documented for
ProPublica, affirmative action wasn’t her problem.
If you want entrance to UT Austin and you live in Texas, you have three options: You can score in the top 10 percent of your high school class, which grants you automatic entry; you can try for the non–top 10 slots; or, if your grades are weak, you can attend a satellite campus and transfer, provided good grades and a strong course load.
When Fisher applied in 2008, notes Hannah-Jones, the UT Austin filled 92 percent of its in-state spots with students from the top 10 program. She wasn’t among them. With a 3.59 grade-point average and a modest SAT score of 1180 out of 1600, she was a solid student but not a great one, not for a school with
an overall acceptance rate of 40 percent and an extremely low acceptance rate (comparable to Harvard’s) for in-state students admitted outside of top 10.
For the remaining 8 percent of in-state spots, UT Austin used a comprehensive approach that weighed grades and test scores along with essays, leadership, activities, service to the community, and “special circumstances.” Those ranged from socioeconomic status and school quality, to family background and race. As the university’s director of admissions
explained for the 5[SUP]th[/SUP] Circuit, “[R]ace provides—like language, whether or not someone is the first in their family to attend college, and family responsibilities—important context in which to evaluate applicants, and is only one aspect of the diversity that the University seeks to attain.”
Neither special circumstances nor grades were determinative.
Of the 841 students admitted under these criteria, 47 had worse AI/PAI scores (a combination of the holistic measure, grades, and test scores) than Fisher, and 42 of them were white. On the other end, UT rejected 168 black and Latino students with scores equal to or better than Fisher’s.*
To call this discrimination is to say that Fisher was entitled to a space at the UT Austin, despite grades that didn’t make the cut. It’s worth pointing out that the university gave her the choice of transferring from a satellite school, which she rejected.