The Free Press, Mankato, MN

State, national news

June 24, 2013

High court sends back Texas race-based plan

WASHINGTON (AP) — Affirmative action in college admissions survived Supreme Court review Monday in a consensus decision that avoided the difficult constitutional issues surrounding a challenge to the University of Texas admission plan.

Justice Anthony Kennedy wrote the court's 7-1 ruling that said a court should approve the use of race as a factor in admissions only after it concludes "that no workable race-neutral alternatives would produce the educational benefits of diversity."

But the decision did not question the underpinnings of affirmative action, which the high court last reaffirmed in 2003.

The justices said the federal appeals court in New Orleans did not apply the highest level of judicial scrutiny when it upheld the Texas plan, which uses race as one among many factors in admitting about a quarter of the university's incoming freshmen. The school gives the bulk of the slots to Texans who are admitted based on their high school class rank, without regard to race.

The high court ordered the appeals court to take another look at the case of Abigail Fisher, a white Texan who was not offered a spot at the university's flagship Austin campus in 2008. Fisher has since received her undergraduate degree from Louisiana State University.

Justice Ruth Bader Ginsburg was the lone dissenter. "In my view, the courts below adhered to this court's pathmarking decisions and there is no need for a second look," Ginsburg said in a dissent she read aloud.

Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling, though he went along with Monday's outcome.

Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.

Kennedy said that courts must determine that the use of race is necessary to achieve the educational benefits of diversity, the Supreme Court's standard for affirmative action in education since 1978. The high court most recently reaffirmed the constitutionality of affirmative action in Grutter v. Bollinger in 2003, a case involving the University of Michigan.

Text Only | Photo Reprints
State, national news
  • Injured snowy owl ready to be released ST. PAUL (AP) — A rare snowy owl that gained national attention when it was apparently hit by a bus in the nation's capital is scheduled to be released into the wild after a rehab stint in Minnesota. The Raptor Center at the University of Minnesota

    April 18, 2014

  • Court case to test 'Buy the Farm' law NEW PRAGUE (AP) — A case set for trial next week is expected to test Minnesota's "Buy the Farm" law, which is meant to require utilities building high-voltage power lines to buy out farms in the way if affected landowners demand it. The case pits th

    April 18, 2014

  • Judge strikes down part of state energy law MINNEAPOLIS (AP) — A federal judge ruled Friday that part of a Minnesota law designed to promote the use of renewable energy is unconstitutional because it attempts to control business that takes place outside state borders — and she barred Minnesota

    April 18, 2014

  • White House updating online privacy policy A new Obama administration privacy policy released Friday explains how the government will gather the user data of online visitors to WhiteHouse.gov, mobile apps and social media sites, and it clarifies that online comments, whether tirades or tribut

    April 18, 2014

  • Horse virus cases showing up in Upper Midwest BISMARCK, N.D. (AP) — State officials in the Upper Midwest are cautioning horse owners about a virus that spreads easily among the animals and can lead to breathing problems, abortions and nervous system disorders. Three cases of equine herpesvirus

    April 18, 2014

  • Bear attacks spark debate: Kill them, or leave them alone? ORLANDO, Fla.—Dallas Smith thinks he has the answer to Central Florida’s black-bear threat, and he’s ready to lock and load it. “I think the fear of God needs to be put back into them,” said Smith, 47, who wants state authorities to lift restriction

    April 18, 2014

  • Tourism push plays up 'Only in Minnesota' ST. PAUL — (AP) — Say goodbye to "More to Explore." Minnesota tourism promoters ushered in a new slogan Thursday that focuses on "Only in Minnesota" experiences as part of their largest-ever advertising campaign. The revamped message kicks off a maj

    April 17, 2014

  • mfp ap pipeline photo Minnesota Pipe Line seeks to expand capacity MINNEAPOLIS (AP) — Minnesota Pipe Line Co. announced plans Thursday to nearly double the capacity of a crude oil pipeline that carries oil from Canada and North Dakota to the two refineries in the Twin Cities that produce most of Minnesota's and much

    April 17, 2014 1 Photo

  • Holder asserts his commitment to fighting heroin WASHINGTON — Attorney General Eric H. Holder Jr. has been crusading for more lenient treatment for nonviolent drug offenders, making it a top priority before he is expected to leave office this year. Recently, however, he has been forced to confront

    April 17, 2014

  • Less-schooled whites lose longevity, study finds ATLANTA — Barbara Gentry slowly shifts her heavy frame out of a chair and uses a walker to move the dozen feet to a chair not far from the pool table at the Buford Senior Center. Her hair is white and a cough sometimes interrupts her speech, but she

    April 17, 2014