ALITO, J., dissenting
unconcerned that Asian-Americans “may be made to feel isolated or may be seen as . . . ‘spokesperson[s]’ of their race or ethnicity.” Id., at 69a; see id., at 25a. And unless the University is engaged in unconstitutional racial balancing based on Texas demographics (where Hispanics outnumber Asian-Americans), see Part II–C–1, supra, it seemingly views the classroom contributions of Asian-American students as less valuable than those of Hispanic students. In UT’s view, apparently, “Asian Americans are not worth as much as Hispanics in promoting ‘cross-racial understanding,’ breaking down ‘racial stereotypes,’ and enabling students to ‘better understand persons of different races.’ ” Brief for Asian American Legal Foundation et al. as Amici Curiae 11 (representing 117 Asian-American organizations). The majority opinion effectively endorses this view, crediting UT’s reliance on the class room study as proof that the University assessed its need for racial discrimination (including racial discrimination that undeniably harms Asian-Americans) “with care.” Ante, at 15.
While both the majority and the Fifth Circuit rely on UT’s classroom study, see ante, at 15; 758 F. 3d, at 658– 659, they completely ignore its finding that Hispanics are better represented than Asian-Americans in UT class rooms. In fact, they act almost as if Asian-American students do not exist. See ante, at 14 (mentioning Asian-Americans only a single time outside of parentheticals, and not in the context of the classroom study); 758 F. 3d,
number of African-American and Hispanic students by giving them an admissions boost vis-à-vis other applicants. See, e.g., Supp. App. 25a; App. 445a–446a; cf. 645 F. Supp. 2d 587, 606 (WD Tex. 2009); see also ante, at 15 (citing increases in the presence of African-Americans and Hispanics at UT as evidence that its race-based program was successful). Given a “limited number of spaces,” App. 250a, providing a boost to African-Americans and Hispanics inevitably harms students who do not receive the same boost by decreasing their odds of admission.
