DOJ backs UT affirmative action policy

WASHINGTON (AP) — The Obama administration says the use of race by the University of Texas as one of the standards in its admissions policies is constitutional and should be upheld by the Supreme Court later this year.

The Justice Department said in court papers Monday the decision by the university to use race as an admission factor for some students "should be upheld."

Justices will hear arguments in October over the policy, setting the stage for its first ruling on affirmative action in higher education since 2003.

A white Texas woman has challenged the admission policy at the university's Austin campus, saying the school's race-conscious policy violated her civil and constitutional rights. But a federal appeals court has upheld the program, saying it was allowed under a 2003 Supreme Court ruling.