This is the Texas’s famous “Top Ten Percent” system, the system that then-Gov. George W. Bush helped implement. That means that the 5th best student in a graduating class of 40 at a hypothetical Metro High School-style institution in Dallas doesn’t get into the University of Texas at Austin, while the 40th best student in a graduating class of 400 at Taco High School on the formerly “American” side of the sewage canal does get in.
I think this will be a very tough nut to crack for our side. Honestly, if I were on SCOTUS, I would probably have to rule for the state, because I can’t think of any good Federal Constitutional grounds on which to knock it down. Even though I know the racial perfidy of it all, and believe me, I would acknowledge that in bold-italics-underline with my written opinion.
This might end up being a 9-0 for Texas. Here’s the rub: We know the libs will rule for Texas. But because there are no real legitimate Federal Constitutional grounds to knock it down, none of the four conservatives (Scalia, Thomas, Alito, Roberts) will find for Miss Fischer. The only possible grounds are “disparate impact,” but conservative jurists deplore that reasoning, and I don’t think they would start now just because the tables are sorta turned. Only liberal judges use it and make rulings based on it, in regards to police and firefighters’ exams, and what not. Ginsburg-Kagan-Sotomayor will find for Texas, consistency be damned.