AUSTIN - A Texas senator called for a new Attorney General interpretation of the controversial Hopwood ruling in a Senate Finance Committee meeting Tuesday.
Texas Sen. Carlos Truan (D-Corpus Christi) asked Committee Chairman Bill Ratliff (R-Mt. Pleasant) to request that Attorney General John Cornyn, write another opinion on the case.
Hopwood is the 1996 ruling by the 5th U.S. Circuit Court of Appeals that former Attorney General Dan Morales interpreted to effectively end affirmative action in schools receiving federal funding.
Truan, vice chair of the Senate Finance Committee, said Morales' interpretation of the ruling was too broad. He added that the Hopwood decision relates solely to admissions at the UT School of Law, not to loans and scholarships.
"I am very interested in finding out from the new attorney general whether he is in agreement that the Hopwood case applied to loans and scholarships," Truan said.
He added that Morales' opinion may not have as much weight as it has been given.
"The former attorney general issued an opinion, which is just an opinion, but unless it's challenged, it has the impact of being the real thing," Truan said.
More than 60 Texas law school professors and four deans of schools said they strongly objected to Morales' opinion that the scope of the case includes scholarships and loans, he said.
"The opinion is bringing a lot of grief and misery to a lot of minority students that need financial assistance," Truan said.
UT System Regent Tom Loeffler said the university is at a disadvantage because of the Hopwood decision at the meeting.
"Today we're disadvantaged in the state because everyone else can be attractive to minority students - they can be given scholarships in ways that we cannot give scholarships today based upon the Hopwood case," Loeffler said.
Ratliff has not commented on whether he would make the request to Cornyn.
Heather Browne, spokesperson for Cornyn, said no comment could be made Tuesday because the attorney general had not received any information regarding the request.
Browne said Cornyn is willing to discuss the issue of a new opinion upon the arrival of such information.
"The attorney general welcomes any dialogue that comes about because of new developments," Browne said.
During his 1998 campaign for Attorney General, Cornyn said he supports what he calls "affirmative access," which includes policies making college more available to poor families without considering race.
While the Senate debate continues, the university is also currently handling a pending appeal on the Hopwood decision.
"We have, as a board, collectively, unanimously, moved forward with the appeal of the Hopwood case," Loeffler said.
Patricia Ohlendorf, UT vice president for administration and legal affairs, said the appeal is being handled by the Vinson and Elkins law firm. Cornyn will also be involved in the appeal.
"The new attorney general, Mr. Cornyn, has decided that his office will also be active in the case," Ohlendorf said.
Ray Farabee, vice chancellor and general counsel for the UT System, said he was not aware of Truan's request for another opinion on the Hopwood case.
02-19-99
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