Full opinion text
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on June 12, 2009 the Court called the above-styled cause for a hearing on all pending matters, the parties appeared through counsel, and the Court addressed Plaintiffs’ Motion for Partial Summary Judgment [# 94], Defendants’ Cross-Motion for Summary Judgment [# 96], Plaintiffs’ Combined Reply Memorandum in Support of Motion for Partial Summary Judgment and Memorandum in Opposition to Defendants’ Cross-Motion for Partial Summary Judgment (“Plaintiffs’ Reply and Resp.”) [# 98, 99], Defendants’ Reply memorandum in Support of Cross-Motion for Summary Judgment [# 102], Amicus Curiae Lawrence Longoria, Jr., Nathan Bunch, and Texas League of United Latin American Citizens’ (hereinafter collectively referred to as “LULAC”) Motion for Leave to File Amicus Curiae Brief In Support of Defendants Out of Time [# 104], and Plaintiffs’ Response to LULAC’s Motion for Leave [# 107]. Plaintiffs do not object to LU-LAC’s participation as amici thus LU-LAC’s Motion for Leave to File Amicus Curiae Brief In Support of Defendants Out of Time [# 104] is GRANTED; however, Plaintiffs’ objection to the new evidence submitted in support of LULAC’s brief is well taken. The Court will sustain the objection and thus consider only LU-LAC’s legal arguments and arguments based on the properly-submitted evidence in this case, and will not consider the new evidence submitted by LULAC. Also filed in relation to the cross motions for summary judgment and considered by the Court are LULAC’s Amicus Curiae Brief in Support of Defendants [# 104] and Amicus Curiae NAACP Legal Defense & Educational Fund, Inc., The Black Student Alliance at the University of Texas at Austin, Chad Stanton, Anthony Williams, Ariel Barrett, C.J. Davis, Devon Robinson, Trenton Stanton, and Eric Stanton’s (hereinafter collectively referred to as “NAACP”) Amicus Curiae Memorandum in Support of Defendants’ Cross-Motion for Summary Judgment and In Opposition to Plaintiffs’ Motion for Partial Summary Judgment [# 103]. After considering the motions, the responses, the replies, the amicus briefs, the relevant law, and the case file as a whole, the Court enters the following opinion and orders. Background I. Procedural History On April 7, 2008, Plaintiff Abigail Fisher filed suit in the Western District of Texas. On April 17, 2008, Ms. Fisher was joined in her suit by Rachel Miehalewicz. Plaintiff Fisher is a Caucasian female who attended Stephen F. Austin High School in Sugar Land, Texas. Plaintiff Miehalewicz is a Caucasian female who attended Jack C. Hays High School in Buda, Texas. Plaintiffs both applied for admission to the University of Texas at Austin (“UT” or the “University”) in the fall of 2008. Both were rejected. Plaintiffs sued multiple defendants: the State of Texas; UT; Mark G. Yudof, Chancellor of the University of Texas System in his official capacity; David B. Pryor, Executive Vice Chancellor for Academic Affairs in his official capacity; Barry D. Burgdorf, Vice Chancellor and General Counsel in his official capacity; William Powers, Jr., President of the University of Texas at Austin in his official capacity; the Board of Regents of the Texas State University System; John W. Barnhill, Jr., H. Scott Caven, Jr., James R. Huffines, Janiece Longoria, Colleen McHugh, Robert B. Rowling, James D. Dannenbaum, Paul Foster, and Printice L. Gary, as Members of the Board of Regents in their official capacities; and Bruce Walker, Vice Provost and Director of Undergraduate Admissions in his official capacity (collectively “Defendants”). Plaintiffs contend the “admissions policies and procedures currently applied by Defendants discriminate against Plaintiffs on the basis of their race in violation of them right to equal protection of the laws under the Fourteenth Amendment of the United States Constitution, U.S. Const, amend. XIV, § 1, and federal civil rights statutes, 42 U.S.C. §§ 1981, 1983, and 2000d et seq.” Pis.’ Am. Compl. [# 30] ¶ 2. Plaintiffs seek declaratory and injunctive relief, including evaluation of Plaintiffs’ applications for admission under race-neutral criteria, and attorneys’ fees and costs. Following the Court’s denial of Plaintiffs’ motion for preliminary injunction, the parties agreed to a scheduling order bifurcating the trial into two phases: liability and remedy. The Court permitted two groups, LULAC and NAACP, to submit amici briefs in lieu of intervention. On June 12, 2009, the Court held a hearing on the parties’ motions for summary judgment regarding liability, specifically on the issue of whether UT’s admissions policies and practices violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. II. History of Undergraduate Admissions at the University of Texas at Austin The University of Texas at Austin (“UT”) is a public education institution authorized by Article VII § 10 of the Texas Constitution and funded by the governments of Texas and the United States. Pis.’ Second Am. Compl. [# 85] ¶ 18. It is a highly selective university, receiving applications from approximately four times more students each year than it can enroll in its freshman class. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 2. For the entering class of 2008, to which Plaintiffs sought admission, 29,501 students applied to UT. Less than half, 12,843, were admitted and 6,715 ultimately enrolled. Defs.’ Cross-Mot. for Summ. J. Tab 8, Aff. of Gary M. Lavergne (“Lavergne Aff.”) Ex. C, Implementation and Results of the Texas Automatic Admissions Law (HB 588) at the University of Texas at Austin, October 28, 2008 at 6 (Table 1) (“2008 Top Ten Report ”). As the flagship university of Texas, UT describes its admissions goal as enrolling a meritorious and diverse student body with the expectation that many of its graduates will become state and national leaders. Defs.’ Cross-Mot. for Summ. J. Tab 11, Affidavit of N. Bruce Walker (“Walker Aff.”) Ex. A, Proposal to Consider Race and Ethnicity in Admissions, June 25, 2004 at 24-25 (“2001 Proposal'”); Defs.’ Cross-Mot. for Summ. J. Tab 5, Dep. of N. Bruce Walker (“Walker Dep.”) at 9:10-12. To accomplish this, the University continuously develops internal procedures to supplement the judicial and legislative mandates governing its admissions process. Defs.’ Cross-Mot. for Summ. J. Tab 2, Dep. of Kendra Ishop (“Ishop Dep.”) at 9:13-18. The complex system currently in use at UT and challenged by the Plaintiffs is the product of these shifting internal and external policies. Id. In order to provide context to the current system, the Court will briefly review the changes in UT’s admissions process from 1995 to today. a. UT Admissions Pre- and PostHopwood v. Texas Until 1996, UT admitted students based on a two-tiered affirmative action system. Pis.’ Mot. for Part. Summ. J. Mem. at 3. The first element, still in use today, is known as a the Academic Index (“AI”), and is a computation of each applicant’s predicted freshman grade point average (“PGPA”) based on the student’s high school class rank and standardized test scores (SAT or ACT). Id. The second element considered prior to the Fifth Circuit’s decision in Hopwood v. Texas, 78 F.3d 932 (5th Cir.1996), was the applicant’s race, as UT believed exclusive reliance on PGPA would yield a class with “unacceptably low diversity levels.” Lavergne Aff. Ex. A, Implementation and Results of the Texas Automatic Admissions Law (HB 588) at The University of Texas at Austin, December 2006 (revised December 2007) at 2 (“2006 Top Ten Report ”). As a result of this system, UT’s 1996 enrolled freshman class, the last class admitted using this process, included 4.1 percent African-American student enrollment and 14.7 percent Hispanic student enrollment. Pis.’ Mot. for Part. Summ. J. Statement of Facts ¶ 13 (citing 2006 Top Ten Report at 4-5 (Tables 1, la)). The Fifth Circuit terminated this system with its decision in Hopwood v. Texas, holding unconstitutional the use of race-based criteria in admissions decisions at The University of Texas School of Law. 78 F.3d at 957. The Court concluded diversity in education does not constitute a compelling governmental interest, a conclusion the Texas Attorney General interpreted as prohibiting the use of race as a factor in admissions by any undergraduate or graduate program at Texas state universities, including UT. Hopwood at 944; Tex. Att’y Gen. Ltr. Op. No. 97-001 at 18. Consequently, beginning with the 1997 admissions cycle UT eliminated its affirmative action program. 2008 Top Ten Report at 4. Although the University retained its use of the AI, it replaced consideration of race with a Personal Achievement Index (“PAI”). Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶¶ 86-87. The PAI was determined by a holistic review of applications intended to identify and reward students whose merit as applicants was not adequately reflected by their class rank and test scores. Id. at ¶ 86; Walker Dep. at 31:7-9. Although this AI/PAI system was facially race-neutral in accordance with Hop-wood, it was also partially designed to increase minority enrollment. Walker Dep. at 31:10-12. Many of the special circumstances considered in computing applicants’ PAIs disproportionately affect minority candidates, including the socioeconomic status of the student’s family, languages other than English spoken at home, and whether the student lives in a single-parent household. Pis.’ Mot. for Part. Summ. J. Mem. at 3. Despite these measures, minority enrollment at the University decreased immediately following Hopwood. In 1997, the first year during which admissions were conducted under the post-Hopwood system, African-Americans accounted for 2.7 percent and Hispanics for 12.6 percent of the entering freshman class, compared to 4.1 percent and 14.5 percent respectively the previous year under the pre-Hopwood system. Pis.’ Mot. for Part. Summ. J. Statement of Facts ¶ 79 (citing 2006 Top 10 Report at 4-5 (Tables 1, la)). b. Internal Initiatives and the Top Ten Percent Law In order to counter these decreases in minority enrollment, both UT and the Texas State Legislature adopted additional race-neutral initiatives that, along with the AI/PAI system, are still in use by the University. Defs.’ Cross-Mot. for Summ. J. Tab 9, Affidavit of Michael K. Orr (“Orr Aff.”) ¶ 3. UT instituted several scholarship programs intended to increase the diversity yield from acceptance to enrollment, expanded the quality and quantity of its outreach efforts to high schools in underrepresented areas of the state, and focused additional attention and resources on recruitment in low-performing schools. Id. ¶ 4. Although the University believes these initiatives had the residual effect of improving diversity, no specific increases can be directly attributed to them and the University does not keep track of their effects on minority representation. Defs.’ Cross-Mot. for Summ. J. Tab 4, Dep. of Michael K. Orr (“Orr Dep.”) at 20:3-12. The Texas State Legislature responded to Hopwood by passing House Bill 588, codified as Tex. Educ.Code § 51.803 (1997) and also known as HB 588 or the “Top Ten Percent law,” a year after the Fifth Circuit issued its decision. Pis.’ Mot. For Part. Summ. J. at 3-4. HB 588, which is still in effect, granted automatic admission to any public state university, including UT, for all public high school seniors in the top ten percent of their class at the time of their application, as well as the top ten percent of high school seniors attending private schools that make their student rankings available to university admissions officers. Tex. Educ.Code § 51.803(a); Pis.’ Mot. for Part. Summ. J. Statement of Facts ¶¶ 59-60. The purpose of the Top Ten Percent law was to “ensure a highly qualified pool of students each year in the state’s higher educational system” while promoting diversity among the applicant pool so “that a large well qualified pool of minority students [is] admitted to Texas universities.” HB 588, House Research Organization Digest (1997) at 4-5. Though facially neutral, one of the purposes of HB 588 was to increase minority representation at UT. Defs.’ Opp. to Pis.’ Mot. for Prelim. Inj. at 19-20. Under HB 588, and in conjunction with the AI/PAI system and other facially race neutral initiatives instituted by UT, post-Hopwood minority enrollment levels have improved. 2006 Top 10 Report at 4-5 (Tables 1, la). The entering freshman class of 2004, the last admitted under this race-neutral system, was 4.5 percent African-American and 16.9 percent Hispanic, compared to 2.7 percent and 12.6 percent respectively seven years earlier when Hop-wood first went into effect. Pis.’ Mot. for Part. Summ. J. Statement of Facts ¶ 79 (citing 2006 Top Ten Report at 4-5 (Tables 1, la)). Seventy-five percent of all admitted African-American students and seventy-six percent of all admitted Hispanic students in 2004 qualified under the Top Ten Percent law, compared to fifty-six percent of all admitted Caucasian students. 2008 Top Ten Report at Table 2. c. UT Admissions Post-Grutter v. Bollinger (the Current Admissions System) Hopwood’s prohibition on the consideration of race in admissions ended after the 2004 admissions cycle as a result of the United States Supreme Court’s landmark decision in Grutter v. Bollinger, 539 U.S. 306, 123 S.Ct. 2325, 156 L.Ed.2d 304 (2003). The Supreme Court held that universities have a compelling governmental interest “in obtaining the educational benefits that flow from a diverse student body.” Grutter, 539 U.S. at 343, 123 S.Ct. 2325. In order to improve classroom discussion, develop the next generation of leaders, and break down racial stereotypes, the Supreme Court decided universities may consider race as a “plus” in evaluating an applicant’s file in order to enroll a “critical mass” of minority students, described as “a number that encourages underrepresented minority students to participate in the classroom and not feel isolated ... or like spokespersons for their race.” Id. at 318-19, 330-34, 123 S.Ct. 2325. To conform with the Grutter decision, UT again modified its admissions policies. On August 6, 2003, the University of Texas Board of Regents passed a resolution authorizing each UT System school to decide “whether to consider an applicant’s race and ethnicity as part of the [institution’s] admission” policies, which must include “individualized and holistic review of applicant files in which race and ethnicity are among a broader array of qualifications and characteristics considered,” as well as periodic reviews to evaluate the efficacy and necessity of considering applicants’ race. Pis.’ Mot. for Part. Summ. J. Ex. 19, Aff. of Francie A. Frederick (“Frederick Aff.”) Ex. A at 4-5. To determine whether such consideration of race was warranted, UT conducted a study in November 2003 that concluded there was not a critical mass of underrepresented minority students enrolled at the University, though it did not establish what number or percentage of minority students would meet that standard. Walker Dep. at 18:15-24; Walker Aff. ¶ 10. In their survey responses, minority students reported feeling isolated and a majority of students at the University stated there was insufficient diversity in the classroom. Id. ¶ 12; Walker Dep. at 21:6-13. The study also found that in 2002, 90 percent of classes with 5 to 24 students had one or zero African-American students and 43 percent had one or zero Hispanic students. Walker Aff. ¶ 11; Lavergne Aff. Ex. B, Diversity Levels of Undergraduate Classes at the University of Texas at Austin, 1996-2002 at 8 (Table 3) (“Diversity Study ”). Thus, in August 2004, after almost a year of deliberations, the UT System approved a revised admissions policy for UT that included an applicant’s race as a special circumstance reviewers may consider in evaluating an applicant’s PAL Walker Aff. ¶ 14; Defs.’ Opp. to Pis.’ Mot. for Prelim. Inj. at 5. UT does not have a projected date by which it intends to cease using race as a factor in undergraduate admission decisions. Pis.’ Mot. for Part. Summ. J. Mem. at 6. However, as an informal practice UT reviews its admissions procedures each year. Walker Aff. ¶ 16. Furthermore, every five years the admissions process is evaluated specifically to assess whether consideration of race is necessary to the admission and enrollment of a diverse student body, or whether race-neutral alternatives exist that would achieve the same results. Id.; 200k Proposal at 32. The first formal review of UT’s use of race in admissions is scheduled to begin in the fall of 2009. 200k Proposal at 32. As a result of its policies, UT “ranks sixth in the nation in producing undergraduate degrees for minority groups.” Walker Dep. at 10:21-24 (quoting Diverse Issues in Higher Education, May 31, 2007). From 1998 to 2008, a period during which the Top Ten Percent law, the AI/PAI system, and race-neutral initiatives governed the University’s admissions policies and to which consideration of race was added in 2005, the enrollment of African-American students increased from three to six percent of the entering freshman class and the enrollment of Hispanic students increased from 13 to 20 percent. 2008 Top Ten Report at Table 2. However, the various programs in place make it difficult to attribute increases in minority enrollment to a specific program or programs. Walker Dep. at 13:13-17, 23:20-24. Furthermore, demographics in the state of Texas have changed substantially in recent years, indicating that increases in minority enrollment may be at least partially attributed to population shifts. Defs.’ Opp. to Pis.’ Mot. for Prelim. Inj. at 21-22 n. 8. While African-American students accounted for 12.56 percent of Texas high school graduates in 1997 and Hispanic students accounted for 29.78 percent, their populations had increased to account for 13.33 percent and 35.79 percent, respectively, of Texas high school graduates by 2007. Weirich Aff. ¶ 4. Underrepresented minorities are also somewhat more likely to have been admitted to UT under the Top Ten Percent law than their Caucasian peers; in 2008, 85 percent of all admitted Hispanic students and 80 percent of all admitted African-American students qualified for admission under the Top Ten Percent law, compared to 67 percent of all admitted Caucasian students. 2008 Top Ten Report at Table 2. The system under which Plaintiffs were denied admission to UT is a product of all of the developments discussed above, with its most recent changes based on the affirmative action program used by the University of Michigan School of Law and approved by the United States Supreme Court in Grutter v. Bollinger. Defs.’ Opp. to Pis.’ Mot. for Prelim. Inj. at 15-16. As did the University of Michigan School of Law, UT uses “a holistic, multi-factor, individualized assessment of each applicant” in which race is but one of many factors. Id. at 4. However, the two institutions’ admissions policies and procedures differ significantly due to UT’s legislatively-mandated admission of Top Ten Percent Texas residents, which largely dominates the admissions process. Pis.’ Mot. for Part. Summ. J. Mem. at 12. As a result of HB 588, UT operates a two-tiered system of admissions based on the Top Ten Percent law and the AI/PAI system, under which an applicant’s race is taken into consideration. Id. at 4. i. Admissions Under HB 588 Before their candidacies are evaluated, all applicants to UT are divided into three pools: Texas residents, domestic non-Texas residents and international students. Defs.’ Cross-Mot. for Summ. J. Tab 7, Aff. of Kendra B. Ishop (“Ishop Aff.”) ¶ 7. Students compete only against other students in their respective pools for admission. Id. Texas residents are allotted 90 percent of all available seats, and their admission is based on the Top Ten Percent law, the AI/PAI system, or a combination of both. Defs.’ Cross-Mot. for Summ. J. Tab 2, Dep. of Kendra B. Ishop (“Ishop Dep.”) at 14:11-15:5; 39:16-17. The remaining ten percent of seats are awarded to domestic non-Texas residents (approximately seven percent in recent years) and international students (approximately three percent in recent years). Id. at 40:22 — 41:6; Pis.’ Mot. for Part. Summ. J. at 4. Admission decisions for non-Texas resident applicants are made solely on the basis of their AI and PAI scores. Ishop Aff. ¶ 12. Texas residents are divided into Top Ten Percent applicants and non-Top Ten Percent applicants. 2008 Top Ten Report at 2. A significant majority of admitted students qualify for admission due to HB 588. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 15. In 2008, Top Ten Percent applicants accounted for eighty-one percent of the entering class overall, compared to forty-one percent in 1998, and filled ninety-two percent of the seats allotted to Texas residents, leaving only 841 places university-wide in the Fall 2008 class for non-Top Ten Percent Texas residents. 2008 Top 10 Report at 9 (Table 2b); Ishop Aff. ¶ 16. However, while Texas residents who graduate in the top ten percent of their high school class are guaranteed admission to the University, they are not guaranteed admission to the program of their choice. Defs.’ Cross-Mot. for Summ. J. Tab 3, Dep. of Gary M. Lavergne (“Lavergne Dep.”) at 15:20-21. Admission to UT is granted by individual schools or majors. Ishop Aff. ¶ 7. Each applicant identifies their first and second choice programs at the University and competes for admission against other applicants who have identified the same program. Id. ¶¶ 7-10. Many colleges and majors provide automatic admission to Top Ten Percent applicants, but two groups impose additional requirements. First, because of special portfolio, audition and other requirements the Top Ten Percent law does not apply to the School of Architecture, the School of Fine Arts, and certain honors programs. Ishop Dep. at 92:6-22. Second, programs known as “impacted majors,” including the School of Business, College of Communication, School of Engineering, Kinesiology, and Nursing, are obligated to accept only a certain number of Top Ten Percent applicants. Id. at 32:5-17. These programs are “impacted” because they could fill eighty percent or more of their available spaces each year based solely on the preferences of applicants admitted pursuant to the Top Ten Percent law. Id. To prevent over-subscription and allow those colleges to admit non-Top Ten Percent applicants, UT caps the percentage of students automatically admitted to these programs at seventy-five percent of the available spaces. Id.; Ishop Aff. ¶ 11. Top Ten Percent students who do not receive automatic entry to their first choice program are grouped with other Texas applicants and compete against them for admission to a specific program based on their AI and PAI scores. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 27. ii. Admissions Under the Academic Index/Personal Achievement Indices The AI/PAI system is used to make admission decisions as to all of the Top Ten Percent applicants who are denied automatic admission to the program of their choice, the non-Top Ten Percent Texas resident applicants, the domestic non-Texas resident applicants, and the international applicants. Ishop Aff. ¶ 12. Throughout the process, they remain separated in three pools: Texas residents, domestic non-Texas residents, and international applicants. Ishop Aff. ¶ 7. The current AI/PAI system has been in continuous use since 1997; its only substantive change was UT’s decision after Grutter to authorize consideration of race in determining an applicant’s PAI. Walker Dep. at 30:23-31:1; 2008 Top Ten Report at 4. AI/PAI contains two elements: the Academic Index and the Personal Achievement Index. First, the Academic Index predicts an applicant’s freshman GPA in the program to which she has applied. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 25. The AI is computed using a multiple regression equation that contains four elements: (1) an applicant’s high school class rank; (2) completion of UT’s required high school curriculum; (3) the extent to which the applicant exceeded the required curriculum; and, (4) SAT (verbal and math) or ACT scores. 2008 Top Ten Report at 2. The equation varies by school, as different programs accord different relative weight to each variable, such as the applicant’s math versus her critical reading standardized test scores. Lavergne Dep. at 18:5-18. The equation generates a number ranging from 0.0 to 4.1, with the additional 0.1 points awarded if the applicant has exceeded the required high school curriculum. Id. at 17:13-25. Students who take the SAT or ACT more than once receive the benefit of the higher score. 2008 Top 10 Report at 5 n. 5. Some applicants’ AI scores are high enough that the applicant is granted admission based on that score alone. Ishop Aff. ¶ 12. Others are low enough that their applications are considered presumptively denied. Id. Known as group “C”, applicants whose applications are presumptively denied based on their AI score have their file reviewed by senior admission staff readers who either award a default PAI score of 3-3-3 to the application or determine the file warrants a full review before any PAI scores are assigned. Id. Second, the Personal Achievement Index accounts for all remaining parts of the applicant’s file. Ishop Aff. ¶ 4. The index is based on an equation containing three scores: one score for each of the two required essays and a third score, called the personal achievement score, representing a holistic evaluation of the applicant’s entire file. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶¶ 29, 49. Each element receives a score from 1 to 6 and is inserted into the PAI equation, which gives slightly greater weight to the personal achievement score than to the mean of the two essays. Lavergne Dep. at 57:14-17, 21:23. Each of the two essay scores is the result of a holistic evaluation of the essay as a piece of writing based on its complexity of thought, substantiality of development, and facility with language. Defs.’ Cross-Mot. for Summ. J. Tab 1, Dep. of Brian Bremen (“Bremen Dep.”) at 10:19— 21. The majority of essays are written on the two basic topics provided by the University, though some programs require applicants to base their essays on different, program-specific topics. Ishop Dep. at 12:17-19. The scores are awarded by a member of the UT admissions office staff who relies on annual training, a scoring guide, and a set of samples, all of which are provided each year by a UT faculty member who is a nationally recognized expert in holistic scoring. Bremen Dep. at 10:1-12, 18-21, 31:9; Ishop Aff. ¶ 13. Additionally, senior staff members perform quality control, verifying that awarded scores are in line with those they would give. Bremen Dep. at 13:14-20. The most recent study, conducted in 2005, found that essay readers scored within one point of one another 91 percent of the time and holistic file readers scored within one point of one another 88 percent of the time, reflecting significant consistency. Lavergne Aff. ¶ 8. The third PAI element is the personal achievement score, which is based on an evaluation of the file in its entirety by senior members of the admissions staff. Bremen Dep. at 14:10-15:6. The evaluators conduct a holistic review considering the applicant’s demonstrated leadership qualities, extracurricular activities, awards and honors, work experience, service to the school or community, and special circumstances. 2008 Top Ten Report at 2. The relevant special circumstances include the applicant’s family’s socio-economic status, her school’s socio-economic status, her family responsibilities, whether she lives in a single-parent home, whether languages other than English are spoken at home, her SAT/ACT score compared to her school’s average score and, as of 2005, her race. Id. The essays are re-read during this process, but only for consideration of the information they convey, rather than to assess the quality of the student’s writing. Bremen Dep. at 17:5-13. Students may also choose to submit a resume, supplemental essays, or any additional information such as artwork and portfolios for consideration during this process. Ishop Dep. at 12:19-13:5. None of the elements are considered individually, or given a numerical value and then added together; instead, the file is evaluated in its entirety in order to provide a better understanding of the student as a person and place her achievements in context. Bremen Dep. at 22:8-13; Ishop Dep. at 13:9-14:19. Because an applicant’s race is identified at the front of the admissions file, reviewers are aware of it throughout the evaluation. Ishop Dep. at 19:20-24. Race in and of itself does not affect the score but is instead used to place the student’s achievements into context and reveal whether she possesses a valuable “sense of cultural awareness.” Bremen Dep. at 30:25, 41:5-7. Used in this manner, it can positively impact applicants of all races, including Caucasian, or may have no impact whatsoever. Ishop Dep. at 57:2-58:12. Given these guidelines and the fact race, like all the other elements, is never awarded a numerical value or considered alone, it is difficult to evaluate which applicants have been positively or negatively affected by its consideration or which applicants were ultimately offered admission due to their race who would not have otherwise been offered admission. Ishop Dep. at 19:20-20:3, 23:10-14. Yet, even though race is not determinative, it is undisputedly a meaningful factor that can make a difference in the evaluation of a student’s application. Pis.’ Mot. for Part. Summ. J. Mem. at 5; Pis.’ Mot. for Part. Summ. J. Ex. 8, Dep. of Bruce Walker (“Walker Dep.”) at 45:5-12. Although a candidate’s race is known throughout the application process, no admissions office employee or anyone else at UT monitors the racial or ethnic composition of the entire group of admitted students in order to decide whether a particular applicant will be admitted. Ishop Aff. ¶ 17. Once AI and PAI scores have been awarded, the data is entered in matrices created for each major or school, depending on whether the program to which the student applied admits students to the college or into a specific major. Ishop Aff. ¶ 14. The matrix is set up as a graph, with the vertical left axis representing an applicant’s PAI score and the horizontal bottom axis representing an applicant’s AI score. Id. Applicants are identified only by their AI/PAI numbers, with the upper left corner containing the highest combined scores and the lower right corner containing the lowest combined scores. 2008 Top 10 Report at 3 (Figure 1). Each cell on the matrix contains a number representing the total number of applicants who share that particular combination of AI and PAI scores. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 66. Once all applicants have been placed within the appropriate matrix cell, a liaison for the school or major establishes a cutoff line. Ishop Dep. at 38:6-8. The line is drawn in a “stair step” manner and UT offers admission to applicants whose AI and PAI scores place them in cells located to the left of the line. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 70. Placement of the cutoff line depends on the combination of AI/PAI scores desired by the school and the number of available slots. Ishop Dep. at 47:10-24. Applicants denied admission to their first choice program under this process are then “cascaded” down to the matrix of their second choice. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶¶ 69-70. The influx of new applicants changes the matrices’ composition, and the cut-off lines are accordingly re-adjusted to accommodate this shift. Ishop Aff. ¶ 14. After all applicants have been considered for their second choice program, Top Ten Percent applicants who have not been admitted to either their first or second choice programs are automatically admitted as Liberal Arts Undeclared majors. Id. All remaining applicants are cascaded into the Liberal Arts Undeclared matrix, where they compete for the remaining seats using the same procedure discussed above. Defs.’ Cross-Mot. for Summ. J. Statement of Facts ¶ 75. Any non-Texas residents and international applicants who fail to gain admission into Liberal Arts Undeclared are denied admission to UT. Ishop Dep. at 47:2-5. iii. The Summer and Coordinated Admission Programs Texas residents, however, are never denied admission to UT if they submit a complete entering freshman application by the published deadlines. 2008 Top Ten Report at 3. If not admitted to the entering fall class, a Texas resident is offered admission to either the summer program or the Coordinated Admission Program (“CAP”). Id. The summer program allows students to begin their studies at UT during the summer, joining the regularly admitted students in the fall. Ishop Aff. ¶ 15. Approximately eight hundred students are enrolled in that program each year. Ishop Dep. at 47:10-24. CAP entitles its participants to automatically transfer to UT if they meet certain conditions, including the completion of thirty credit hours with a cumulative GPA of 3.2 or higher at a participating UT System campus during their freshman year. Ishop Aff. ¶ 15. Applicants located in AI/PAI cells on the Liberal Arts Undeclared matrix near those selected for admission to the fall class are considered for admission to the summer class, while all other applicants are automatically admitted into CAP. Ishop Aff. ¶ 15. The potential summer students’ files are re-read in their entirety. Id. Although senior staff members conducting the review are aware of the scores originally awarded to each applicant’s file, they are not bound by them and do not recalculate a new score, but rather make the summer admissions decision based on the file as a whole. Ishop Dep. at 27:10-22. Admission to the summer program is offered solely based on this individualized, holistic review. Id. at 29:10-14. Although it is relatively rare, reviewers may still at this late stage admit an applicant to the entering fall class. Id. at 49:5-50:12. Furthermore, although the readers conducting this review, like all admission office staffers, have access to a head count of admitted students by race, they do not take such information into account as part of the review process. Ishop Aff. ¶ 15. All Texas residents not offered admission to the summer class through this process are then accepted to CAP, ending the admissions process at UT for that cycle. Id. ¶ 14. Analysis I. Standard Summary judgment may be granted if the moving party shows there is no genuine issue of material fact, and it is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). In deciding summary judgment, the Court construes all facts and inferences in the light most favorable to the nonmoving party. Richter v. Merchs. Fast Motor Lines, Inc., 83 F.3d 96, 98 (5th Cir.1996). The standard for determining whether to grant summary judgment “is not merely whether there is a sufficient factual dispute to permit the case to go forward, but whether a rational trier of fact could find for the nonmoving party based upon the record evidence before the court.” James v. Sadler, 909 F.2d 834, 837 (5th Cir.1990). Both parties bear burdens of production in the summary judgment process. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). First, the moving party has the initial burden of showing there is no genuine issue of any material fact and judgment should be entered as a matter of law. Fed.R.Civ.P. 56(c); Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The nonmoving party must then come forward with competent evidentiary materials establishing a genuine fact issue for trial and may not rest upon the mere allegations or denials of its pleadings. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Anderson, 477 U.S. at 256-257, 106 S.Ct. 2505. However, “[njeither ‘conclusory allegations’ nor ‘unsubstantiated assertions’ will satisfy the non-movant’s burden.” Wallace v. Tex. Tech Univ., 80 F.3d 1042, 1047 (5th Cir.1996). The Equal Protection Clause of the Fourteenth Amendment of the United States Constitution provides that no State shall “deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const, amend. XIV, § 2. Consequently, the “government may treat people differently because of their race only for the most compelling reasons.” Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 227, 115 S.Ct. 2097, 132 L.Ed.2d 158 (1995). Thus, as the Supreme Court has held, “all racial classifications imposed by government ‘must be analyzed by a reviewing court under strict scrutiny.’ ” Grutter v. Bollinger, 539 U.S. 306, 326, 123 S.Ct. 2325, 156 L.Ed.2d 304 (2003) (quoting Adarand, 515 U.S. at 227, 115 S.Ct. 2097). To survive strict scrutiny, the racial classification must be “narrowly tailored to further compelling governmental interests.” Grutter, 539 U.S. at 326, 123 S.Ct. 2325. II. Grutter v. Bollinger In 2003, the Supreme Court squarely addressed and decided the question of “[wjhether diversity is a compelling interest that can justify the narrowly tailored use of race in selecting applicants for admission to public universities.” Id. at 322, 123 S.Ct. 2325. The Supreme Court answered the question in the affirmative, finding that the University of Michigan Law School (the “Law School”) had “a compelling interest in attaining a diverse student body.” Id. at 328, 123 S.Ct. 2325. The Supreme Court also found the Law School’s admissions program to be narrowly tailored despite the existence of race-neutral alternatives, including “percentage plans” similar to Texas’ Top Ten Percent law. Id. at 339-40, 123 S.Ct. 2325. As the landmark case regarding the consideration of race as part of college admissions, the facts of Grutter deserve particular attention. Michigan’s Law School is one of the top, and most selective, law schools in the nation, routinely admitting 10% or less of applicants. Id. at 312-13, 123 S.Ct. 2325. In addition to selecting a highly qualified and promising group of students, the Law School sought, through its admissions process, to admit “a mix of students with varying backgrounds and experiences who will respect and learn from each other.” Id. at 314, 123 S.Ct. 2325 (citation omitted). The “hallmark” of the admissions policy was “its focus on academic ability coupled with a flexible assessment of applicants’ talents, experiences, and potential ‘to contribute to the learning of those around them.’ ” Id. at 315, 123 S.Ct. 2325 (citation omitted). Importantly, admissions officials evaluated each applicant individually based on all of the information available, which included a personal statement, letters of recommendation, an essay on how the applicant would contribute to the life and diversity of the school, undergraduate grades, and the applicant’s score on the Law School Admission Test (“LSAT”). Id. The admissions policy specifically reaffirmed the school’s commitment to “racial and ethnic diversity with special reference to the inclusion of students from groups which have been historically discriminated against, like African-Americans, Hispanics and Native Americans, who without this commitment might not be represented in our student body in meaningful numbers.” Id. at 316, 123 S.Ct. 2325 (citation omitted). Specifically, the Law School sought to enroll a “ ‘critical mass’ of [underrepresented] minority students” in order to “ensure[e] their ability to make unique contributions to the character of the Law School.” Id. (citations omitted). This policy was challenged by Barbara Grutter, a white Michigan resident who was denied admission to the Law School in 1996, as a violation of the Fourteenth Amendment and federal civil rights laws. Id. at 316-17, 123 S.Ct. 2325. After an extensive bench trial, the district court “concluded that the Law School’s use of race as a factor in admissions decisions was unlawful.” Id. at 321, 123 S.Ct. 2325. The Sixth Circuit Court of Appeals, sitting en banc, reversed the district court’s judgment and held that under Justice Powell’s opinion in Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 98 S.Ct. 2733, 57 L.Ed.2d 750 (1978), diversity was a compelling state interest and the Law School’s use of race was narrowly tailored. Id. The Supreme Court affirmed, holding “the Equal Protection Clause does not prohibit the Law School’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.” Id. at 343, 98 S.Ct. 2733. In light of this Supreme Court jurisprudence, the Court now turns to the instant dispute. III. Compelling Governmental Interest Grutter clearly establishes that a public university “has a compelling interest in attaining a diverse student body.” Id. at 328, 123 S.Ct. 2325. “[Attaining a diverse student body is at the heart of the Law School’s proper institutional mission, and [ ] ‘good faith’ on the part of a university is ‘presumed’ absent ‘a showing to the contrary.’ ” Id. at 329, 123 S.Ct. 2325 (quoting Bakke, 438 U.S. at 318-19, 98 S.Ct. 2733). The Supreme Court noted several benefits stemming from a diverse student body: These benefits are substantial. As the District Court emphasized, the Law School’s admissions policy promotes “cross-racial understanding,” helps to break down racial stereotypes, and “enables [students] to better understand persons of different races.” These benefits are “important and laudable,” because “classroom discussion is livelier, more spirited, and simply more enlightening and interesting” when the students have “the greatest possible variety of backgrounds.” Id. at 330, 123 S.Ct. 2325 (citations omitted). Furthermore, student body diversity “better prepares students for an increasingly diverse workforce and society, and better prepares them as professionals.” Id. (citation omitted). “In order to cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity.” Id. at 332, 123 S.Ct. 2325. Crucial to the Supreme Court’s finding of a compelling interest was the fact the Law School did not attempt “to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin,” but rather sought a “critical mass” of minority students. Id. (quoting Bakke, 438 U.S. at 307, 98 S.Ct. 2733 (opinion of Powell, J.)). The Supreme Court noted that attempting to assure a specific percentage of a minority group would run afoul of the Supreme Court’s prohibition on racial quotas and “outright racial balancing.” Id. at 330, 123 S.Ct. 2325. Consequently, the definition of “critical mass” put forward by the Law School and approved by the Supreme Court was necessarily less than precise. Critical mass was described by Law School officials as “meaningful numbers,” “meaningful representation,” “a number that encourages underrepresented minority students to participate in the classroom and not feel isolated,” or “numbers such that underrepresented minority students do not feel isolated or like spokespersons for their race.” Id. at 318-19, 123 S.Ct. 2325. Following the Supreme Court’s decision in Grutter, the University of Texas Board of Regents passed a resolution authorizing each UT System school to decide “whether to consider an applicant’s race and ethnicity as part of the [institution’s] admission” policies, which must include “individualized and holistic review of applicant files in which race and ethnicity are among a broader array of qualifications and characteristics considered,” as well as periodic reviews to evaluate the efficacy and necessity of considering applicants’ race. Pis.’ Mot. for Part. Summ. J. Ex. 19, Aff. of Francie A. Frederick (“Frederick Aff.”) Ex. A at 4-5. After conducting its review, UT issued its Proposal to Consider Race and Ethnicity in Admissions. See Defs.’ Cross-Mot. for Summ. J. Tab 11, Affidavit of N. Bruce Walker (‘Walker Aff.”) Ex. A, Proposal to Consider Race and Ethnicity in Admissions, June 25, 2004 at 24-25 (“200J Proposal”). The 2004 Proposal specifically addresses the rationale behind considering race as a part of the undergraduate admissions process: A comprehensive college education requires a robust exchange of ideas, exposure to differing cultures, preparation for the challenges of an increasingly diverse workforce, and acquisition of competencies required of future leaders. This type of academic environment is a goal of the University of Texas at Austin and admission decisions must take into account this goal. The University of Texas at Austin handles a very large number of undergraduate applications and must select from among a highly qualified pool only the number of students in can accommodate. In light of the institutional goal, admission decisions result from both an assessment of the academic strength of each applicant’s record and an individualized, holistic review of each applicant, taking into consideration the many ways in which the academically qualified individual might contribute to, and benefit from, the rich, diverse, and challenging education environment of the University ... Results indicate that, in a large percentage of [undergraduate] courses, some minority groups are represented by only one student or by none at all. The University of Texas at Austin did not have a critical mass of minority students sufficient to provide an optimal educational experience in 1996 (the preHopwood period), and after seven years of good faith race-neutral admission policies, the University still has not reached a critical mass at the classroom level. If The University of Texas at Austin is to accomplish its mission and fulfill its flagship role, it must prepare its students to be the leaders of the State of Texas. In the near future, Texas will have no majority race; tomorrow’s leaders must not only be drawn from a diverse population but must also be able to lead a multicultural workforce and to communicate policy to a diverse electorate. The University has a compelling educational interest to produce graduates who are capable of fulfilling the future leadership needs of Texas. Because the University’s educational mission includes the goal of producing future educational, cultural, business, and sociopolitical leaders, the undergraduate experience for each student must include classroom contact with peers of differing racial, ethnic, and cultural backgrounds. The proposal to consider race in the admission process is not an exercise in racial balancing but an acknowledgment that significant differences between the racial and ethnic makeup of the University’s undergraduate population and the state’s population prevent the University from fully achieving its mission. In short, from a racial, ethnic, and cultural standpoint, students at the University are currently being educated in a less-than-realistic environment that is not conducive to training the leaders of tomorrow. For the University to adequately prepare future leaders, it must include a critical mass of students from traditionally underrepresented backgrounds. Critical mass, which is an adequate representation of minority students to assure educational benefits deriving from diversity, affects in a positive way all students because they learn that there is not “one” minority or majority view. In addition, the [Supreme] Court recognized that critical mass is essential in order to avoid burdening individuals with the role of “spokespersons” for their race or ethnicity. Thus, there is a compelling educational interest for the University not to have large numbers of classes in which there are no students— or only a single student — of a given underrepresented race or ethnicity. The use of race-neutral policies and programs has not been successful in achieving a critical mass of racial diversity at The University of Texas at Austin. While the number of African American and Hispanic students has risen slightly above 1996 levels, these students still represent only 3% and 14%, respectively, of the entering freshman class. The race-neutral efforts have failed to improve racial diversity within the classroom. In fact ... for Fall, 2002, there were more classes with no or only one African American or Hispanic student than there had been in Fall, 1996. With so few underrepresented minorities in the classroom, the University is less able to provide an educational setting that fosters cross-racial understanding, provides enlightened discussion and learning, and prepares students to function in an increasingly diverse workforce and society. 2004 Proposal at 23-25 (citation and footnote omitted). As articulated in the 2001 Proposal, UT’s underlying interest in its decision to consider race as one of the factors in its admissions process closely mirrors the justification provided for the Michigan Law School’s use of race and approved by the Supreme Court. Both policies attempt to promote “cross-racial understanding,” “break down racial stereotypes,” enable students to better understand persons of other races, better prepare students to function in a multi-cultural workforce, cultivate the next set of national leaders, and prevent minority students from serving as “spokespersons” for their race. Grutter, 539 U.S. at 319-20, 330-33, 123 S.Ct. 2325; 2004 Proposal at 23-25. Notably, the Supreme Court also recognized in Grutter that “[t]he Law School’s educational judgment that such diversity is essential to its educational mission is one to which we defer.” 539 U.S. at 328, 123 S.Ct. 2325. Despite the obvious similarities between the admissions policy approved by the Supreme Court in Grutter and UT’s policy, the Plaintiffs still contend UT’s admissions program does not further a compelling governmental interest for two reasons. Pis.’ Mot. for Partial Summ. J. at 12-18. First, Plaintiffs argue UT’s policy is “untethered to the educational benefits” of a diverse student body identified and approved by Grutter. Id. at 13. Specifically, Plaintiffs argue that because UT’s diversity goals are “open-ended” — or, in other words, because UT has made no effort to define a percentage of its student body that must be filled by underrepresented minorities in order to achieve critical mass that therefore UT’s use of race is not tied to the educational benefits of a diverse student body. Rather, Plaintiffs argue it “reflects a pursuit of racial balancing that reflects Texas’ racial demographics.” Id. at 14-15. Second, Plaintiffs also argue UT lacks a compelling interest because it has already achieved or exceeded “critical mass” through its race-neutral policies, most notably the Top Ten Percent law. Id. at 17. Plaintiffs argue that under Supreme Court precedent, “critical mass can be no greater than 20% minority enrollment.” Id. at 18. The Court finds both the Plaintiffs’ arguments unpersuasive and finds UT has a compelling interest in student body diversity as articulated in Grutter. First and foremost, nothing in Grutter suggests a university must establish a specific percentage, or range of percentages, the achievement of which would satisfy critical mass. Plaintiffs cite evidence from the district court hearing and opinion in Grutter that the school officials considered “critical mass” to be somewhere between 10-20 percent of the student body. Id. at 15; Grutter v. Bollinger, 137 F.Supp.2d 821, 832 (E.D.Mich.2001). This evidence, however, is completely unpersuasive to prove the contention that a university must establish a specific percentage of minority enrollment for critical mass. To begin with, the district court that cited this evidence reached the opposite conclusion of the Supreme Court, and was reversed on appeal. Secondly, the actual policy adopted by the Law School omitted any reference to a specific figure or inclusion of a percentage “ceiling” because it “could be misconstrued as a quota.” Grutter, 137 F.Supp.2d at 835. Finally, the Grutter decision clearly lacks any suggestion that there exists a specific percentage of minority enrollment that satisfies “critical mass” and above which a school lacks a compelling interest justifying the use of race in admissions. Instead, the Supreme Court implicitly endorses the Law School’s general definition of “critical mass” as “meaningful numbers,” “meaningful representation,” “a number that encourages underrepresented minority students to participate in the classroom and not feel isolated,” or “numbers such that underrepresented minority students do not feel isolated or like spokespersons for their race” by citing these definitions in its decision. Furthermore, the Law School’s policy, which was found to be constitutional, did not have a specific percentage of minority enrollment cited as its goal. Grutter, 539 U.S. at 318-19, 123 S.Ct. 2325. In fact, Grutter stands for the opposite proposition — a school which articulates a specific percentage of its student body that must be filled by minority students would violate the constitutional prohibition of racial balancing or racial quotas. Id. at 329-30, 334, 123 S.Ct. 2325. “Properly understood, a ‘quota’ is a program in which a certain fixed number or proportion of opportunities are ‘reserved exclusively for certain minority groups.’ ” Id. at 335, 123 S.Ct. 2325 (quoting Richmond v. J.A. Croson Co., 488 U.S. 469, 496, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989) (plurality opinion)). “Quotas ‘impose a fixed number or percentage which must be attained, or which cannot be exceeded.’ ” Id. (quoting Sheet Metal Workers’ v. EEOC, 478 U.S. 421, 495, 106 S.Ct. 3019, 92 L.Ed.2d 344 (1986) (O’Connor, J., concurring in part and dissenting in part)). Establishing a specific percentage of minority student enrollment would violate the “paramount” characteristic of a constitutional race-conscious admissions program, namely a flexible and individual evaluation of each applicant. Id. at 336-37, 123 S.Ct. 2325. Thus, under Grutter the establishment of a specific percentage for critical mass would be a strong indicator of an impermissible racial quota or racial balancing, and consequently critical mass must be defined based on the educational benefits provided by the admission of the individual students rather than on the satisfaction of a numerical percentage. As was the policy of the Michigan Law School, UT has not established a specific percentage of minority enrollment that must be met, but rather considers race as simply one factor in its admissions decisions. The Plaintiffs’ argument that “critical mass” of minority enrollment cannot exceed twenty percent of total enrollment, in light of the foregoing law, is similarly without merit. As explained above, Grutter does not require an articulation of a specific percentage of minority enrollment for the achievement of critical mass. Nor does the ease indicate, in any way, shape, or form, that “critical mass” is limited to, at most, twenty percent minority enrollment. The Court disagrees with Plaintiffs’ claim that “Supreme Court precedent demonstrates that critical mass can be no greater than 20% minority enrollment.” Pis.’ Mot. for Partial Summ. J. at 18. The first case Plaintiffs cite is the district court’s decision in Grutter, which was reversed on appeal and in which the Supreme Court found the Law School’s admissions policy to be constitutional despite the lack of any upper limit or cap on its minority enrollment. The second case cited, United States v. Virginia, 518 U.S. 515, 116 S.Ct. 2264, 135 L.Ed.2d 735 (1996), did not even involve the use of race as a factor in admissions. Instead, the ease involved the Virginia Military Institution’s (‘VMI”) unconstitutional exclusion of women from admission. Virginia, 518 U.S. at 519, 116 S.Ct. 2264. The Supreme Court noted, “with recruitment, VMI could ‘achieve at least 10% female enrollment’— ‘a sufficient “critical mass” to provide the female cadets with a positive educational experience.’” Id. at 523, 116 S.Ct. 2264 (citation omitted). Plaintiffs cite this statement, taken out of context, as support for its argument that public universities do not have a compelling interest that would justify the consideration of race as part of its admissions process once it has achieved 20 percent minority enrollment. This statement does not support the Plaintiffs’ position. In context, the statement is made to support the claim that there was sufficient female interest in attending VMI such that, if admission was open to women, women would not be so isolated they would be unable to have a positive educational experience. See Id. The case in no way relates to the extent to which universities may consider an applicant’s race, or for that matter her gender, in making admissions decisions. The last case Plaintiffs cite, Comfort ex rel. Neumyer v. Lynn Sch. Comm., 283 F.Supp.2d 328, 357 (D.Mass.2003), also fails to establish a 20 percent ceiling for critical mass. In fact, reading beyond the cherry-picked sentences cited by Plaintiffs, Comfort recognizes the benefits derived from a diverse student body extend well beyond the 20% number: ... 20% is not a magical shut-off point for gains from intergroup contact. The gains occur along a continuum: as the racial composition of school populations creeps closer to balanced, racial stereotyping and tension is reduced and racial harmony and understanding increases. Id. Furthermore, the 20 percent number cited in Comfort is the “figure below which members of a racial minority in a given setting feel isolated or stigmatized.” Id. Thus, according to that logic, the minimum percentage of minority enrollment that must be achieved to avoid isolation or stigmatization is 20 percent, not the maximum, and that number applies to “a minority group,” rather than to minority students as a whole. Comfort also recognizes there is no “magic number” for critical mass. Id. Comfort in no way establishes, or even endorses, a maximum of 20 percent minority enrollment for the achievement of critical mass-if anything, it endorses 20 percent enrollment per minority group as a minimum. As a result, the Court finds the fact the combined minority enrollment at UT exceeds 20 percent of the freshman class does not mean UT lacks a compelling state interest that justifies its continued consideration of race as part of its admissions process. Plaintiffs also argue UT’s use of race in admissions “is divorced from the educational benefits attained by the achievement of critical mass” because the policy primarily benefits African-American and Hispanic students and does not benefit other minority groups, specifically Asian-Americans. Pis.’ Mot. for Part. Summ. J. at 16. However, Plaintiffs cite no evidence to show racial groups other than African-Americans and Hispanics are excluded, from benefitting from UT’s consideration of race in admissions. As the Defendants point out, “the consideration of race, within the full context of the entire application, may be beneficial to any UT Austin applicant — including whites and Asian-Americans.” Defs.’ Cross-Mot. for Summ. J. at 12; Ishop Dep. at 56:21-57:25. Moreover, nothing in Grutter requires a university to give equal preference to every minority group. As the Supreme Court recognized, the Michigan Law School’s policy did not mention Asians or Jews “because members of those groups were already being admitted to the Law School in sig