WASHINGTON (AP) - Supreme Court justices sharply questioned the University of Texas' use of race in college admissions Wednesday in a case that could lead to new limits on affirmative action.
The court heard arguments in a challenge to the program from a white Texan who contends she was discriminated against when the university did not offer her a spot in 2008.
The court's conservatives cast doubt on the program that uses race as one among many factors in admitting about a quarter of the university's incoming freshmen. Justice Anthony Kennedy, whose vote could be decisive, looked skeptically on Texas' defense of the program.
"What you're saying is what counts is race above all," Kennedy said.
Twenty-two-year-old Abigail Fisher was among the hundreds of spectators at the arguments. Also in attendance was retired Justice Sandra Day O'Connor, who wrote the majority opinion in a 2003 case that upheld the use of race in college admissions.
Justice Samuel Alito, O'Connor's successor, has voted consistently against racial preferences since he joined the court in 2006 and appears likely to side with Fisher.
Among the liberal justices who looked more favorably on the Texas admissions system was Justice Sonia Sotomayor. She told Bert Rein, Fisher's Washington-based lawyer, that he was looking to "gut" the nine-year-old decision.
The federal appeals court in New Orleans upheld the Texas program, saying it was consistent with the 2003 decision in Grutter v. Bollinger.
Chief Justice John Roberts, Justice Antonin Scalia and Alito raised repeated objections to the affirmative action plan.
Roberts wanted to know how the university would determine when it had a "critical mass" of diversity on campus that would allow it to end the program. Near the end of the session, he complained, "I'm hearing a lot about what it's not. I would like to know what it is."
The university says the program is necessary to provide the kind of diverse educational experience the high court has previously endorsed. The rest of its slots go to students who are admitted based on their high school class rank, without regard to race.
Opponents of the program say the university is practicing illegal discrimination by considering race at all, especially since it achieves significant diversity through its race-blind admissions.
After the argument concluded, Fisher read a brief statement outside in which she said she hoped the court would rule that race or ethnicity "should not be considered when applying to the University of Texas."
Justice Elena Kagan is not taking part in the case, probably because she worked on it at the Justice Department before joining the court.
MARK SHERMAN Associated Press
Associated Press writer Jesse J. Holland contributed to this report.
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
Supreme Court takes up Texas affirmative action planRelated Stories
- More Texas News
- National News
- International News
- Boy Scout leaders to vote on lifting gay ban
- Texas pastor pleads guilty to online soliciting
- Mental health exam ordered for ex-paramedic
- Solar plane departs Phoenix on 2nd leg of US trip
- Defense begins in Texas judicial bribery scandal
- Lufkin restaurant worker hit by lightning dies
- Man gets 16 months for attempted arson in Tyler
- 2 arrested in Houston shootings that left 2 dead
- Austin woman gets 50 years for attack on ex-spouse
- Gov. Perry to address business forum
- NY funeral for student accidentally shot by police
- Flooding forces evacuation of 1,300 in ND town
- LA voters back measure to cap number of pot shops
- South Sudan warns it may shut down oil flow again
- NYC judge: Renting apartments using Airbnb illegal
- Teen pleads not guilty in deaths of Ohio brothers
- Boy Scout leaders to vote on lifting gay ban
- Boy Scouts meet to decide policy on gay Scouts
- Star witness to be mum during House hearing on IRS
- Susan Powell's dad gets private eye to review file
- Malawi finds buyer for presidential jet
- Deputy mayor urges mayor to address crack video
- African Union celebrates 50th year
- Vienna official: Looted Nazi goods returned
- Ethiopian corruption watchdog arrests 51 suspects
- South Sudan warns it may shut down oil flow again
- Iraqi PM orders army shakeup after deadly attacks
- Riots in Stockholm spread to more suburbs
- Death toll rises to 23 in China factory blast
- Irishman charged with 1982 IRA Hyde Park bombing
Automotive
Find valuable information about buying your next car, including price quotes and your latest automotive news.
Wedding Central
The greatest Southeast Texas story ever told. Share your wedding and engagement news!
Lost and Found Pets
These are pets that have been lost or found in the KFDM News Channel 6 viewing area.
No Text Zone
Texting While Driving Kills Thousands of People Each Year. Many More are Seriously Injured. You Can Help Make Our Roads a NO TEXT ZONE
Texas Lottery
Texas Lottery
Community Calendar
Check out our Community Calendar!
Baby Talk
Baby Talk with Nicole Murray.
KFDM Channel 6 Top Stories
Business News
Asia stocks rise as Fed official backs easy policy
BANGKOK (AP) -- Asian stock markets were mostly higher today after investor confidence was boosted by a Federal Reserve official's comments that the U.S. central bank should stick with its super-easy monetary policy.
Consumer News
BC-US--Dow Record-Three Personal Stories, 1st Ld-Writethru,1173
Dow Record: Three tales of ups, downs and changes
AP Photo FX102, FX103
Eds: With BC-US--Dow Record. Adds photos.
By SCOTT MAYEROWITZ
AP Business Writer
NEW YORK (AP) -- When the Dow first crossed 14,000, investors were overjoyed. ...
Entertainment News
"DANCING WITH THE STARS" - KELLIE PICKLER WINS
LOS ANGELES (AP) -- Kellie Pickler didn't win on "American Idol."
Get This
DOG BEACH WEAR
LOS ANGELES (AP) -- From bikinis to Hawaiian shirts -- it's time to gear up for the beach.
Science/Tech News
IN THE NEWS: TEENS MOVING TO TWITTER TO DODGE PARENTS, OTHER BORES
WASHINGTON (AP) -- If you're one of those parents who are on Facebook in part to keep an eye on what your kids are up to -- here's a news flash: your kids are on to you and have moved to Twitter.

