Friday, June 24, 2016

Affirmative action upheld by the Supreme Court

The case was Fisher v University of Texas. The vote was narrow.

- Click here for Scotusblog's page on the case.
- Click here for Oyez's.

Basic info from Oyez:

Question: Does the University of Texas’ use of race as a consideration in the admissions process violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion: The University of Texas’ use of race as a consideration in the admissions process did not violate the Equal Protection Clause of the Fourteenth Amendment. Justice Anthony M. Kennedy delivered the opinion for the 4-3 majority. The Court held that the University of Texas’ use of race as a factor in the holistic review used to fill the spots remaining after the Top Ten Percent Plan was narrowly tailored to serve a compelling state interest. Previous precedent had established that educational diversity is a compelling interest as long as it is expressed as a concrete and precise goal that is neither a quote of minority students nor an amorphous idea of diversity. In this case, the Court determined that the University of Texas sufficiently expressed a series of concrete goals along with a reasoned explanation for its decision to pursue these goals along with a thoughtful consideration of why previous attempts to achieve the goals had not been successful. The University of Texas’ plan is also narrowly tailored to serve this compelling interest because there are no other available and workable alternatives for doing so.

Commentary:

- How Affirmative Action Won the Day.
- AN UNEXPECTED VICTORY FOR AFFIRMATIVE ACTION.
- How Anthony Kennedy Came Around on Affirmative Action.