Before adding race back into the mix, Texas' student body was 21 percent African-American and Hispanic, according to court papers.
By 2007, the year before Fisher filed her lawsuit, African-Americans and Hispanics accounted for more than a quarter of the entering freshman class.
Fisher's challenge says the Top Ten Percent law was working to increase diversity and that minority enrollment was higher than it had been under the earlier race-conscious system.
Fitzpatrick said two other states, California and Florida, use similar "top 10" plans, although California law explicitly prohibits the consideration of race.
"But the vast majority of schools that are selective are using affirmative action, though they don't like to advertise it for fear of being sued," he said.
The case is Fisher v. University of Texas at Austin, 11-345.
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