Page:Fisher v. University of Texas at Austin, 579 U.S. (2016) (slip opinion).pdf/72

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FISHER v. UNIVERSITY OF TEX. AT AUSTIN

ALITO, J., dissenting

Notwithstanding the majority’s claims to the contrary, UT should have access to plenty of information about “how students admitted solely based on their class rank differ in their contribution to diversity from students admitted through holistic review.” Ante, at 9. UT undoubtedly knows which students were admitted through the Top Ten Percent Plan and which were admitted through holistic review. See, e.g., Supp. App. 157a. And it undoubtedly has a record of all of the classes in which these students enrolled. See, e.g., UT, Office of the Registrar, Transcript—Official, online at https://registrar.utexas.edu/students/transcripts-official (instruct­ ing graduates on how to obtain a transcript listing a “com­prehensive record” of classes taken). UT could use this information to demonstrate whether the Top Ten Percent minority admittees were more or less likely than the holistic minority admittees to choose to enroll in the courses lacking diversity.

In addition, UT assigns PAI scores to all students— including those admitted through the Top Ten Percent Plan—for purposes of admission to individual majors. Accordingly, all students must submit a full application containing essays, letters of recommendation, a resume, a

    the “recently released Kroll Report”); Brief for Respondents 51, n. 9 (similar). And the Court’s purported concern about reliance on “ex­trarecord materials,” ante, at 14, rings especially hollow in light of its willingness to affirm the decision below, which relied heavily on the Fifth Circuit’s own extrarecord Internet research, see, e.g., 758 F. 3d, at 650–653.

    The majority is also wrong in claiming that the Kroll Report is “tan­gential to this case at best.” Ante, at 14. Given the majority’s blind deference to the good faith of UT officials, evidence that those officials “failed to speak with the candor and forthrightness expected of people in their respective positions of trust and leadership,” Kroll, Inc., Uni­versity of Texas at Austin—Investigation of Admissions Practices and Allegations of Undue Influence 29 (Feb. 6, 2015), when discussing UT’s admissions process is highly relevant.