Legislators Seek to Overturn Part of Hopwood Ruling

Black Issues in Higher Education, March 4, 1999

AUSTIN, Texas -- Some state lawmakers are hoping new Attorney General John Cornyn could have a new -- and narrower -- interpretation of a federal court ruling that resulted in public universities ending consideration of race in admissions and financial aid.

Sen. Carlos Truan (D-Corpus Christi) is working on a proposed request for a legal opinion from the Republican attorney general on whether the so-called Hopwood ruling actually applies to scholarships and other financial aid. The federal court ruling came in a lawsuit against the University of Texas law school's former affirmative-action admissions policy.

After the ruling, Democratic former Attorney General Dan Morales issued a legal opinion directing Texas colleges to adopt race-neutral policies for admissions and financial aid and scholarships. Some critics said that legal opinion was too broad.

"Of course I don't believe that it should apply to scholarships and loans. That impacts on the higher education opportunities for a large number of minority students and many are having to either curtail their plans to continue higher education or they're accepting scholarships and loans from universities outside of the state of Texas," says Truan, who adds that many law school professors and four law school deans also disagree with Morales' legal opinion.

Truan told Senate Finance Committee Chairman Bill Ratliff (R-Mount Pleasant) that he would like to have a new opinion requested from Cornyn.

Ratliff says he told Truan that if the Corpus Christi senator would draft such an opinion, he would consider submitting it. He says he first would want to discuss with Cornyn the legal ramifications of the new attorney general overturning the opinion.

Cornyn spokesman Ted Delisi says the attorney general's office hasn't yet been asked to reconsider the Hopwood decision.

"If we do receive a request, we'll honor the legislature's request to do so," he says.