National Association of Basketball Coaches files brief on behalf of affirmative action

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The Judicial Update

August 25, 2012

KANSAS CITY, Missouri: The National Association of Basketball Coaches (NABC), based in Missouri, has filed an amicus brief in support of universities’ ability to take race into consideration when making decisions regarding admissions.  The brief was filed on behalf of the NABC and 43 current and former basketball coaches in the case of Abigail Fisher, a white student who was denied admission to the University of Texas in 2008.  She is suing the university on the basis that her constitutional and civil rights were violated when the university admitted less qualified students on the basis of race.[1]

According to Jim Haney, the Executive Director of the NABC, the organization has lobbied in numerous states against attempts to repeal affirmative action. Because of these efforts, speaking up in the Supreme Court case seemed like a natural thing for the NABC to do.[2]

“I think for a number of us who were on college campuses back in the ‘60s and ‘70s, were there African-American basketball players and football players on those campuses? Sure. But that certainly wouldn’t suggest there was diversity throughout universities,” Haney told the Associated Press. “Minority representation in some cases was almost exclusively student-athletes.”[2]

According to Texas officials, race is just one of the numerous factors considered during the admissions process, including: academic record, leadership potential, personal essays, honors and awards and extracurricular activities. In compliance with previous Supreme Court rulings, Texas policy and practice prohibits race being used to set quotas. Most students admitted to the University of Texas rank among the top 10 percent of their high school class.[3]

A federal appeals court has upheld Texas’ policy, confirming it was in-line with Grutter vs. Bollinger. The Supreme Court ruled in the 2003 Grutter vs. Bollinger case that racial considerations are acceptable in the admissions process at the University of Michigan Law School. Fisher has appealed the federal court ruling to the Supreme Court.[3] Oral arguments in front of the high court are scheduled for October 10th, 2012.[4]

In addition to the NABC, 14 states have voiced their support for the use of affirmative action in college admissions decisions. The states filed a brief earlier this month in support of affirmative action. Led by New York Attorney General Eric Schneiderman, the brief was filed on behalf of Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Mississippi, Montana, New Mexico, North Carolina, Vermont,Washington and West Virginia. Also involved are the District of Columbia and the U.S. Virgin Islands.[4]

Also weighing in on the case was the Obama administration, which voiced its support for affirmative action through a brief filed on August 13th.[2] The brief was filed by the Justice Department, and co-signed by the departments of Education, Commerce, Defense, Labor and Health and Human Services.[1]

The case is Fisher v. Texas, Case No. A-08-CA-263-SS.

See also

Footnotes

  1. ↑ 1.0 1.1 ESPN LA "NABC files affirmative action brief" August 17, 2012
  2. ↑ 2.0 2.1 2.2 NBC: the Grio "National Association of Basketball Coaches files brief backing affirmative action case" August 17, 2012
  3. ↑ 3.0 3.1 The Washington Post "NY leaders 14 states urging US Supreme Court to back university's affirmative action policy" August 14, 2012
  4. ↑ 4.0 4.1 Des Moines Register "Iowa joins states in affirmative action defense" August 15, 2012
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