Periodic report of the united states of america to the united nations committee on the elimination of racial discrimination


B. Information on special measures



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B. Information on special measures.

16. The United States legal system provides for special measures when circumstances so warrant. See the discussion under Article 2 below and the discussion in paragraphs 197 to 206 of the Common Core Document. Recently, DOJ actively defended the undergraduate admission program of the University of Texas, which was challenged by two unsuccessful White candidates for undergraduate admission. The Texas program adopts a holistic approach – examining race as one component among many – when selecting among applicants who are not otherwise eligible for automatic admission by virtue of being in the top ten percent of their high school classes. The U.S. Court of Appeals for the Fifth Circuit upheld the University’s limited use of race as justified by a compelling interest in diversity and as narrowly tailored to achieve a critical mass of minority students. The Supreme Court heard arguments in the case, Fisher v. Texas, in October 2012, and is expected to decide the case by June 2013. In its amicus curiae brief, the Solicitor General argued, on a brief signed by several federal agencies, that, like the University, the United States has a compelling interest in the educational benefits of diversity, and that the University’s use of race in freshman class admissions to achieve the educational benefits of diversity is constitutional.



Article 2


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