CHERYL J. HOPWOOD, et al., VERSUS STATE OF TEXAS, et al.,

78 F.3d 932

 

     Plaintiffs in this case were white Texas residents who unsuccessfully applied to the University of Texas School of Law. The plaintiffs claimed that the racial preference in the school’s admission program subjected them to racial discrimination in violation of the Equal Protection Clause of the U.S. Const.  The Court of Appeals held that the law school could not use race as a factor in law school admissions.  The court elaborated that an interest in a diverse student body does not satisfy the compelling interest requirement of strict scrutiny under the 14th amendment, and thus would not justify any consideration of race by a school.  The court held that the only compelling state interest that justifies racial classifications is remedying past wrong; however, the state's use of remedial racial classifications is limited to the harm caused by a specific state actor.   The court explicitly held that the state does not have a compelling state interest in remedying the present effects of general past societal discrimination.