fisher v university of texas 2013

As Justice Alito explains, the Court’s decision today is irreconcilable with strict scrutiny, rests on pernicious assumptions about race, and departs from many of our precedents. Fisher’s lawyers argued that UT need not consider race because it has found another way to assure diversity in the student body. . 140a. [7], Abigail Fisher, a white woman who fell just short of being admitted to UT-Austin under the Top 10 Percent plan, was denied admission under the school's competitive admissions policy. It enacted H. B. 11–14 (rev. “The university doesn’t keep any statistics on how many students are affected by the consideration of race in admissions decisions,” and it “does not know how many minority students are affected in a positive manner by the consideration of race.” App. The University now has at its disposal valuable data about the manner in which different approaches to admissions may foster diversity or instead dilute it. In support of this argument, they cite only demographic data and anecdotal statements by UT officials that some students (we are not told how many) feel “isolated.” This vague interest cannot possibly satisfy strict scrutiny. Id., at 74a, 140a. There is no logical stopping point short of patently unconstitutional racial balancing. Dept. Remand for further factfinding would serve little purpose, however, because at the time of petitioner’s application, the current plan had been in effect only three years and, in any event, the University lacked authority to alter the percentage plan, which was mandated by the Texas Legislature. And because the influence of race is always “contextual,” UT claims, it cannot provide even a single example of an instance in which race impacted a student’s odds of admission. As we emphasized just three years ago, our precedent “ma[kes] clear that it is for the courts, not for university administrators, to ensure that” an admissions process is narrowly tailored. First, “because racial charac teristics so seldom provide a relevant basis for disparate treatment,” Richmond v. J. Here, there is no evidence that race-blind, holistic review would not achieve UT’s goals at least “about as well” as UT’s race-based policy. But see, e.g., Gratz, 539 U. S., at 251, and n. 1, 260– 262 (rejecting the dissent’s argument that, because the case had already persisted long enough for the petitioners to graduate from other schools, the case should be dismissed); id., at 282 (Stevens, J., dissenting). (4) Finally, petitioner argues that there were numerous other race-neutral means to achieve the University’s goals. Perhaps more significantly, in the wake of Hopwood, the University spent seven years attempting to achieve its compelling interest using race-neutral holistic review. . The 2004 Proposal claimed that “[t]he use of race-neutral policies and programs has not been successful in achieving a critical mass of racial diversity.” Supp. Today, the Supreme Court came out with its ruling on the case Fisher v. University of Texas at Austin that lower courts did not apply a sufficiently high level of scrutiny to the University of Texas’s use of race in admissions decisions, sending the case back to one of those lower courts to be reconsidered. See Part I, supra. In support of this claim, UT cited two pieces of evidence. In other words: Trust us. 2d 587, 592 (WD Tex. Code Ann. However, in his opinion for the majority, Justice Anthony Kennedy stipulated that "a college must continually reassess its need for race-conscious review. In July 2014, after the United States Court of Appeals for the 5th Circuit upheld UT-Austin's admissions plan, Abigail Fisher—a white woman who argued that she was denied admission to the University of Texas at Austin because of her race, thus violating her Fourteenth Amendment right to equal protection—petitioned the Supreme Court to review her case once again. On the first page of its 2004 “Proposal to Consider Race and Ethnicity in Admissions,” the Univer- sity identifies the educational values it seeks to realize through its admissions process: the destruction of stereotypes, the “ ‘promot[ion of] cross-racial understanding,’ ” the preparation of a student body “ ‘for an increasingly diverse workforce and society,’ ” and the “ ‘cultivat[ion of] a set of leaders with legitimacy in the eyes of the citizenry.’ ” Supp. A system that selected every student through class rank alone would exclude the star athlete or musician whose grades suffered because of daily practices and training. Ilya Somin, "Assessing the Potential Impact of Fisher v. University of Texas on Affirmative Action Programs," Washington Post (Volokh Conspiracy blog), February 20, 2014. Under this standard, the state must show that the policy is narrowly tailored to address a compelling state interest. The fact that this case has been litigated on a somewhat artificial basis, furthermore, may limit its value for prospective guidance. UT’s 2004 Proposal illustrates this approach by repeatedly citing numerical assessments of the racial makeup of the student body and various classes as the justification for adopting a race-conscious plan. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. The record itself contains significant evidence, both statistical and anecdotal, in support of the University’s position. 2d, at 606; Supp. 156a; QuickFacts Texas. Pp. The PAI is a number from 1 to 6 (6 is the best) that is based on two primary components. The Court did not embrace the notion that its decision to alter the stringency of the strict scrutiny standard somehow allowed the government to automatically prevail. The Court was wrong to hold otherwise in Grutter v. Bollinger, 539 U. S. 306, 343 (2003). The University has created three new scholarship programs, opened new regional admissions centers, increased its recruitment budget by half-a-million dollars, and organized over 1,000 recruitment events.

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