这也是反racial preference组织挑上UT的原因

虽然数据表明“affirmative action”的受益者主要是有钱的非裔西裔，但是“affirmative action”的支持者总是会用那些艰苦环境中的非裔西裔为例子来证明"affirmative action"的必要性。在这个案子里，UT没法再用这个手法了。这是Justice Alito的评论，

Well, I thought that the whole purpose of affirmative action was to help students who come from underprivileged backgrounds, but you make a very different argument that I don't think I've ever seen before.  The top 10 percent plan admits lots of African Americans -- lots of Hispanics and a fair number of African Americans. But you say, well, it's -- it's faulty because it doesn't admit enough African Americans and Hispanics who come from privileged backgrounds. And you specifically have the example of the child of successful professionals in Dallas. Now, that's your -- that's your argument? If you have -- you have an applicant whose parents are -- let's say they're -- one of them is a partner in your law firm in Texas, another one is a part -- is another corporate lawyer. They have income that puts them in the top 1 percent of earners in the country, and they have -- parents both have graduate degrees. They deserve a leg-up against, let's say, an Asian or a white applicant whose parents are absolutely average in terms of education and income?