United States v. Fordice, 505 U.S. 717, 19 (1992)

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Cite as: 505 U. S. 717 (1992)

Opinion of the Court

of transferring to a historically white institution.9 Proportionately more blacks than whites face this choice: In 1985, 72 percent of Mississippi's white high school seniors achieved an ACT composite score of 15 or better, while less than 30 percent of black high school seniors earned that score. App. 1524-1525. It is not surprising then that Mississippi's universities remain predominantly identifiable by race.

The segregative effect of this automatic entrance standard is especially striking in light of the differences in minimum automatic entrance scores among the regional universities in Mississippi's system. The minimum score for automatic admission to Mississippi University for Women is 18; it is 13 for the historically black universities. Yet Mississippi University for Women is assigned the same institutional mission as two other regional universities, Alcorn State and Mississippi Valley State—that of providing quality undergraduate education. The effects of the policy fall disproportionately on black students who might wish to attend Mississippi University for Women; and though the disparate impact is not as great, the same is true of the minimum standard ACT score of 15 at Delta State University—the other "regional" university—as compared to the historically black "regional" universities where a score of 13 suffices for automatic admission. The courts below made little, if any, effort to justify in educational terms those particular disparities in entrance requirements or to inquire whether it was practicable to eliminate them.

9 The District Court's finding that "[v]ery few black students, if any, are actually denied admission to a Mississippi university as a first-time freshman for failure to achieve the minimal ACT score," Ayers v. Allain, 674 F. Supp. 1523, 1535 (ND Miss. 1987), ignores the inherent self-selection that accompanies public announcement of "automatic" admissions standards. It is logical to think that some percentage of black students who fail to score 15 do not seek admission to one of the historically white universities because of this automatic admissions standard.

735

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