At yesterday’s oral argument, the Justices grappled with the University of Texas’s articulation of what I will call “diversity within diversity,” referring to the consideration of distinctive characteristics of individuals within underrepresented minority groups.
On closer consideration, the University’s approach is fully consistent with the Supreme Court’s precedents, including Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978).
UT’s pursuit of the broadest forms of diversity, including diversity within, as well as among, racial groups, shows that its commitment is genuine and not driven simply by “racial balancing.”
