Monday, June 24, 2013

Grutter Lives, Fisher Dies (sort of)

This morning the Supreme Court decided Fisher v. University of Texas, a case dealing with the consideration of race in higher education admissions.  The Court neither struck down nor upheld the Texas admissions policy.  Instead, it held that the lower court afforded the University too much deference in reviewing this policy.  Thus, the Court remanded the case for further, more stringent review.  As a result, the Court did not get into the facts of whether Texas' plan is constitutional and did not offer any new specific guidelines for other universities.  The Court, at best, expressed one reocurring them: that the consideration of race must be "necessary," meaning that the University's goals could not be achieved with other reasonably available race-neutral alternatives.  This, however, is not new.

So what does all of this mean? First, the ability to consider race in university admissions survives.  Most notably, the Court refrained from overturning Grutter v. Bollinger and said it took Grutter, along with Gratz v. Bollinger and Bakke v. Regents, "as given."  Second, the Fisher case is not over and may well make it back to the Supreme Court at a future date.

The Court's opinion is here.

    --db

http://lawprofessors.typepad.com/education_law/2013/06/grutter-lives-fisher-dies-sort-of.html

Cases, Higher education, Racial Integration and Diversity, Supreme Court | Permalink

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