On Tuesday (3-26), Texas Attorney General Dan Morales announced he will ask the U.S. Supreme Court to overturn a decision made last week by the 5th Circuit Court of Appeals that would wipe out affirmative action programs implemented to increase diversity at the University of Texas. Since the ruling could have dramatic effects on institutions of higher learning across the nation, Morales said he wants to work with the Supreme Court in developing an affirmative action policy that is workable. Stating that he believes that most Americans are not racist and do support the goals of diversity, Morales indicated that if the Supreme Court agrees to hear the case, he will seek a stay of last week’s ruling to allow admissions policies to go on as is custom at UT rather than having to conform to the 5th Circuit guidelines.
Pre-eminent constitutional scholar Laurence Tribe of Harvard University has agreed to help Texas prepare its appeal and to argue the case if the Supreme Court decides to hear it. The case would probably begin in the fall of 1996 with an opinion to follow no sooner than spring of 1997. The Justice Department has called the 5th Circuit ruling unconstitutional and has stated it will back the University of Texas in an appeal.