The University of Texas has filed its main brief in Fisher v. University of Texas, and it's a doozy. It argues, among other oddities,
- that the continuing "underrepresentation" of blacks and Hispanics requires the continued use of racial preferences to increase their numbers, but that the reason for increasing their numbers has nothing to do with increasing their numbers; it is necessary only because the "diversity" they provide is essential for the "acquisition of competencies required of future leaders";
- that assessing "the educational benefits flowing from student body diversity" might seem "amorphous," but "trained educators" are competent to do so and courts should defer to their expertise;
- that because Texas has no specific "race-based target" it should be allowed virtually unlimited latitude to give as much weight to race as it chooses;
- that race-based preferences are necessary to combat racial stereotypes, presumably including the stereotype that minorities are incapable of succeeding without race-based preferences;
- that not only is it too soon to limit or overturn Grutter; it will always be too soon because there are still "thousands of classes" where blacks and Hispanics are "nearly non-existent" and "diversity" is required not just institution-wide but in all classes.
I discuss these and other aspects of the brief in more detail here.