NewsHour: Affirmative Action – March 20, 1996

ELIZABETH FARNSWORTH: Yesterday, a U.S. Circuit Court of Appeals struck down an admissions policy at the University of Texas Law School which gave preference to Blacks and Hispanics. The Court ruled that the law school’s affirmative action program violates the U.S. Constitution’s equal protection guarantee. For more on the decision, we’re joined by Stuart Taylor, correspondent for the "American Lawyer," and for "Legal Times," and a NewsHour regular. Welcome, Stuart.

STUART TAYLOR, The American Lawyer: Nice to be here.

ELIZABETH FARNSWORTH:We’re talking about this case because it has very wide implications, doesn’t it?

MR. TAYLOR: It certainly has very wide potential implications because the holding of this three-judge court is, in essence, that racial preferences in universities, admissions at the University of Texas Law school in particular, but also nationwide, are unconstitutional and must be abolished. Now if this case goes to the Supreme Court of the United States, which it almost certainly will, and if the Supreme Court adopts a similar rationale, it would have a dramatic impact. It would bar consideration of race in university law school, graduate school admissions for state institutions, not private institutions. And it would result in a dramatic reduction in a number of racial minority group members, at least Black and Hispanic Americans in those institutions.

ELIZABETH FARNSWORTH: What are the facts of the case?