Page:Fisher v. University of Texas at Austin, 579 U.S. (2016) (slip opinion).pdf/43

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Cite as: 579 U. S. ____ (2016)
19

ALITO, J., dissenting

26–27 (disclaiming any interest in demographic parity).

To the extent that UT is pursuing parity with Texas demographics, that is nothing more than “outright racial balancing,” which this Court has time and again held “patently unconstitutional.” Fisher I, 570 U. S., at ___ (slip op., at 9); see Grutter, 539 U. S., at 330 (“[O]utright racial balancing . . . is patently unconstitutional”); Free­man v. Pitts, 503 U. S. 467, 494 (1992) (“Racial balance is not to be achieved for its own sake”); Croson, 488 U. S., at 507 (rejecting goal of “outright racial balancing”); Bakke, 438 U. S., at 307 (opinion of Powell, J.) (“If petitioner’s purpose is to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin, such a preferential purpose must be rejected . . . as facially invalid”). An interest “linked to nothing other than proportional representation of various races . . . would support indefinite use of racial classifica­tions, employed first to obtain the appropriate mixture of racial views and then to ensure that the [program] continues to reflect that mixture.” Metro Broadcasting, Inc. v. FCC, 497 U. S. 547, 614 (1990) (O’Connor, J., dissenting). And as we held in Fisher I, “ ‘[r]acial balancing is not transformed from “patently unconstitutional” to a compel­ling state interest simply by relabeling it “racial diversity.” ’ ” 570 U. S., at ___ (slip op., at 9) (quoting Parents Involved, 551 U. S., at 732).

The record here demonstrates the pitfalls inherent in racial balancing. Although UT claims an interest in the educational benefits of diversity, it appears to have paid little attention to anything other than the number of minority students on its campus and in its classrooms. UT’s 2004 Proposal illustrates this approach by repeatedly citing numerical assessments of the racial makeup of the student body and various classes as the justification for adopting a race-conscious plan. See, e.g., Supp. App. 24a– 26a, 30a. Instead of focusing on the benefits of diversity,