Fisher v. University of Texas at Austin
Issues
Does a public university violate the Equal Protection Clause of the Fourteenth Amendment when it considers race in admissions decisions?
Petitioner Abigail Fisher, a white Texan, was denied admission to the University of Texas at Austin for the Fall 2008 entering class. Fisher sued the university, arguing that the denial violated her Fourteenth Amendment right to equal protection because she was denied admission to the public university in favor of minority applicants with lesser credentials. Fisher contends that the university’s admission policy cannot survive strict scrutiny as required by Grutter v. Bollinger. The university argues that its admissions policy is essentially identical to the policy upheld in Grutter. It asserts that its use of a holistic admissions process, considering race as one factor for admission, creates a diverse student body that benefits the entire university. This case allows the Supreme Court to reexamine Grutter, and it will have far-reaching implications for university admissions policies and racial demographics in schools throughout the United States.
Questions as Framed for the Court by the Parties
May the University of Texas at Austin consider race in undergraduate admissions decisions under the Fourteenth Amendment?
The University of Texas at Austin (“UT”) is a public education institution, authorized by the Texas Constitution and backed by state and federal funding. See Fisher v. Univ. of Tex. at Austin, 631 F.3d 213, 226 (5th Cir.
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Additional Resources
- The New York Times, Adam Liptak: College Diversity Nears Its Last Stand (Oct. 15, 2011)
- The New Yorker, Jeffrey Toobin: The Other Big Supreme Court Case (May 1, 2012)
- Rasmussen Reports: 55% Oppose Affirmative Action Policies for College Admissions (Feb. 26, 2012)