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The Supreme Court has also decided to revisit the issue of affirmative action next fall. And that has college and university presidents wringing their hands. The use of racial preferences has played a central part in school admissions, but critics of affirmative action argue it's unfair and not the only or even the best way to diversify the classroom. NPR's Claudio Sanchez has that story.
CLAUDIO SANCHEZ, BYLINE: Let's assume that when the U.S. Supreme Court decides Fisher versus the University of Texas at Austin, colleges will have to once and for all remove race and ethnicity from consideration in their admissions policies.
MARVIN KRISLOV: It is very alarming.
SANCHEZ: Marvin Krislov is president of Oberlin College in Ohio.
KRISLOV: We are very worried that an adverse decision could impair the ability to enroll a diverse student body, and I suspect that that would be felt at other selective colleges and universities.
RICHARD KAHLENBERG: The defenders of race-based affirmative action are very principled, but I think they've exaggerated the claims about what will happen.
SANCHEZ: That's Richard Kahlenberg, author of "The Remedy: Class, Race, and Affirmative Action." He says a ban on affirmative action will force colleges to do what they should have done a long time ago: replace race with class.
KAHLENBERG: Right now, universities don't do that. They don't consider socioeconomic status in admissions even though they say they do. At the selective colleges, you are 25 times as likely to run into a rich kid as a poor kid.
SANCHEZ: That's not because colleges don't recruit and enroll poor kids, says Krislov. They do.
KRISLOV: But it is not a substitute for considering race and ethnicity insofar as it affects an individual applicant and the qualities that he or she brings to a student body.
SANCHEZ: Kahlenberg disagrees. He says there are race-neutral policies that are working just fine in states like Florida, Washington, California and Texas. Yes, that's right, Texas says Kahlenberg. The University of Texas at Austin, the very institution that's now having to defend its use of race in its undergraduate admissions, also has a very successful race-neutral policy.
KAHLENBERG: They admit students who are in the top 10 percent of every high school, and they also provide a leg up to socio-economically disadvantaged students.
SANCHEZ: Of course, that happened only after the university was ordered in 1996 to remove race from its admissions decisions, and to everyone's surprise, says Kahlenberg...
KAHLENBERG: Through these race-neutral means, they were able to produce a class that was more racially diverse than in the days when Texas used race.
SANCHEZ: For nine years, the university relied exclusively on race-neutral policies. Then it put race back into the mix. In 2005, it decided that one out of every five students who applied would be admitted based on things like teacher recommendations, talent, test scores, grades and race. That's why Abigail Fisher, a white applicant, sued the university in 2008. She was not in the top 10 percent of her high school graduating class. But the real reason she was rejected, she argued, was because she's white. This is the case the Supreme Court will take up in October.
What's frustrating about all this for colleges is that they thought the constitutionality of affirmative action in college admissions had been settled. In 2003, the court upheld the University of Michigan Law School's use of race. End of story, says Oberlin's Marvin Krislov.
KRISLOV: So colleges and universities have been relying on that guidance from the Supreme Court. It's been affirmed by the Department of Education on multiple, multiple occasions.
SANCHEZ: But come October, there's a good chance institutions will, once again, have to rethink entirely what role, if any, race will play in their admissions policies. Claudio Sanchez, NPR News.