Later Developments
On January 15, 1997, William P. Hobby, Jr., former Lieutenant Governor of Texas and then Chancellor of the University of Houston System, sought a clarification of the application of Hopwood from Texas Attorney General Dan Morales. Specifically, Hobby questioned how the new federal jurisprudence would affect financial aid at institutions of higher education in Texas (and in particular, its effect on specific programs of the University of Houston—mainly admissions to the University of Houston Law Center). On February 5, 1997, Morales issued his formal opinion in response to Hobby's request. 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." Thus, under the Morales interpretation, Hopwood was extended to prevent the consideration of race in areas beyond admissions.
On June 23, 2003, the Supreme Court abrogated Hopwood in Grutter v. Bollinger, 539 U.S. 306 (2003) in which the high court found that the United States Constitution "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." The ruling means that universities in the Fifth Circuit's jurisdiction can again use race as a factor in admissions (as long as quotas are not used, per Gratz v. Bollinger, 539 U.S. 244 (2003)).
Read more about this topic: Hopwood V. Texas
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