Hopwood v. Texas

[2] In Hopwood, four white plaintiffs who had been rejected from University of Texas at Austin's School of Law challenged the institution's admissions policy on equal protection grounds and prevailed.

Ultimately, three white males, Douglas Carvell, Kenneth Elliott, and David Rogers, joined the existing lawsuit as plaintiffs.

Texas Monthly editor Paul Burka later described Cheryl Hopwood as "the perfect plaintiff to question the fairness of reverse discrimination" because of her academic credentials and her personal hardships (she has a young daughter suffering from a muscular disease).

Thus, the Hopwood decision became the final law of the land with respect to the use of race in admissions in Louisiana, Mississippi, and Texas, the three states over which the Fifth Circuit has jurisdiction.

Shortly after the opinion's release, UT President Robert Berdahl predicted "the virtual resegregation of higher education," while UT System Chancellor William Cunningham noted that administrators were "saddened by the 5th Circuit's sweeping determination that Bakke is no longer the law of the land and that past discrimination and diversity no longer justify affirmative action in admissions".

The Texas legislature passed the Top Ten Percent Rule governing admissions into public colleges in the state, partly in order to mitigate some of the effects of the Hopwood decision.

Morales found that "Hopwood's restrictions would generally apply to all internal institutional policies, including admissions, financial aid, scholarships, fellowships, recruitment and retention, among others".