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Will affirmative action disappear?

Julianne Malveaux | 6/20/2012, 5 p.m.

The most conservative Supreme Court in the past four decades is poised to overturn the already limited affirmative action provisions in the latter part of this year (after October 1) unless good sense visits one or two of them and they vote in favor of student-body diversity instead of against.

Since Bush-appointed justices John Robert and Samuel Alito have joined the court as chief justice and associate justice, respectively, the court has voiced hostility to government uses of race.

The current case, Fisher v. University of Texas, was brought by Abigail Noel Fisher, a White female student who did not qualify for the Texas Top Ten Percent plan--which automatically admits the top 10 percent of every high school class in Texas to the University of Texas.

Despite this, Fisher contends that she was denied 14th Amendment protection and was discriminated against because of her race. Her reasoning-though more than 80 percent of UT students are admitted under the Top Ten Percent Plan, others are admitted based on talent, leadership qualities and family circumstances as well as race.

This seems to meet the Grutter v. Bollinger standard. However, Fisher is one of a long line of relatively mediocre White students who might or might not have been admitted to UT, regardless of race.

The student, who seems unable to accept her own academic shortcomings, blaming the fact that she didn't get into UT on African American students, instead of blaming it on herself.

Fisher was hardly disadvantaged by the fact that she didn't get into UT. She was scheduled to graduate from Louisiana State University this year. Lower courts have found in favor of the University of Texas, though the Fifth Circuit decision not to review the case was decided narrowly, at 9-7.

With two reversals, one would have thought that the lawyers at Wiley Rein would have given up.

But with a conservative, race-hostile Supreme Court, these folks were able to convince the court to review this case. Understand that this isn't a case the supremes had to take. They could have taken a pass and decided to let the lower courts speak. One must think that there is an agenda to dismantle affirmative action, because the court chooses its cases.

In any case, this matter may be decided anytime after October 1, and affirmative action in college admission may be outlawed at all public universities.

While many organizations, on both sides of the table, have filed amicus briefs, I am concerned that the Fisher case is generating much less publicity than either the University of Michigan cases or, the 35- year-old Bakke case.

One might argue that things have changed so significantly that communities of color do not find affirmative action necessary, or that we are so used to being attacked that we will not fight back.

But the data makes it clear that there are still major gaps in college completion between African Americans, Latinos and Whites. While 29 percent of the United States population over age 25 has a college degree, the number for African Americans is 14 percent; it is 8 percent for Latinos.