The Supreme Court on University of Texas at Austin's Affirmative Action Program
Fisher v. University of Texas Austin: Supreme Court Sends Affirmative Action at the University of Texas Back to Lower Court for Strict Scrutiny
In a 7-1 decision, the U.S. Supreme Court today affirmed the use of race by colleges and universities as part of the admissions process in order to advance a state's compelling interest in ensuring a diverse student body. But that's not the end of the story.
The Court vacated and remanded the earlier decision by the U.S. Court of Appeals, 5th Circuit, holding that the lower court did not scrutinize adequately the University of Texas Austin inclusion of race in its admissions process. This means the case now goes back to the lower court for reconsideration using what is called thestrict scrutiny standard, which the Supreme Court is saying was not applied in the earlier 5th Circuit ruling.
Before discussing strict scrutiny, a quick review of the case is in order. Abigail Fisher is a white woman who
In a 7-1 decision, the U.S. Supreme Court today affirmed the use of race by colleges and universities as part of the admissions process in order to advance a state's compelling interest in ensuring a diverse student body. But that's not the end of the story.
The Court vacated and remanded the earlier decision by the U.S. Court of Appeals, 5th Circuit, holding that the lower court did not scrutinize adequately the University of Texas Austin inclusion of race in its admissions process. This means the case now goes back to the lower court for reconsideration using what is called thestrict scrutiny standard, which the Supreme Court is saying was not applied in the earlier 5th Circuit ruling.
Before discussing strict scrutiny, a quick review of the case is in order. Abigail Fisher is a white woman who
