In a direct challenge to the Bakke decision, the U.S. Court of Appeals ruled in the 1996 Hopwood v. Texas case that race could not be a factor in admission decisions. In 1992, Cheryl Hopwood applied for admission to the University of Texas School of Law. She possessed an undergraduate Grade Point Average (GPA) of 3.8 (4.0 is the highest possible) and achieved a score of 160/180 on the Law School Admission Test (LSAT). Combining these accomplishments, Hopwood’s scores placed her in the university’s ‘presumptive admit’ category of applicants. Despite these qualifications, her application was denied. She brought suit against the state of Texas because she had a better GPA/LSAT score than most of the 61 students of color that were accepted that same year. Similarly, in the 2001 Johnson v. University of Georgia case, the U.S. Court of Appeals held that the university’s admission policy, which used race as a factor in admission decisions, violated the Equal Protection Clause. The court ruled that adding a fixed number of points to the admission score of every non-white applicant is not an appropriate mechanism for achieving diversity.
