The new case, Fisher v. University of Texas, No. 11-345, was brought by
Abigail Fisher, a white student who says the University of Texas denied
her admission because of her race. The case has idiosyncrasies that may
limit its reach, but it also has the potential to eliminate diversity as
a rationale sufficient to justify any use of race in admission
decisions — the rationale the court endorsed in the Grutter decision.
Diversity, Justice Sandra Day O’Connor wrote, encourages lively
classroom discussions, fosters cross-racial harmony and cultivates
leaders seen as legitimate. But critics say there is only a weak link
between racial and academic diversity.
The Grutter decision allowed but did not require states to take account
of race in admissions. Several states, including California and
Michigan, forbid the practice, and public universities in those states
have seen a drop in minority admissions. In other states and at private
institutions, officials generally look to race and ethnicity as one
factor among many, leading to the admission of significantly more black
and Hispanic students than basing the decisions strictly on test scores
and grades would.
- Click here for commentary from the Volokh Conspiracy.
- And from ScotusBlog, plus the relevant documents associated with the case.
2301s should expect a written question about this when we start out discussion of civil rights.
- Click here for commentary from the Volokh Conspiracy.
- And from ScotusBlog, plus the relevant documents associated with the case.
2301s should expect a written question about this when we start out discussion of civil rights.