Dutch Uncle
* Tertia Optio * Defend the Constitution
As noted below, the Fisher v. University of Texas at Austin II (2016) case was both a narrow ruling, 4-3, over a narrow issue, not a general action on AA.....
SCOTUS Divided Over Affirmative Action in College Admissions
The charge of "reverse discrimination"-meaning racial discrimination against whites or sexual discrimination against men-is fast becoming one of the most explosive issues in the field of civil rights. It has grown out of the various "affirmative action" programs, often required by Federal agencies, designed to place women and minorities in positions not generally open to them in the past. Some of these plans may involve quotas or preferential systems based on race or sex. The question is whether it is legitimate to use a preferential system to fight a discriminatory one. The U.S. Supreme Court last week agreed to rule on this emotion charged matter in a case from California. Allan Bakke, who is white, twice applied for admission to the medical school of the University of California at Davis, and twice was rejected. On the strength of his academic record, Bakke may well have deserved one of the 100 spots in the entering class. But up to sixteen of those places had been set aside for "disadvantaged" students under an affirmative-action program designed to increase the number of Chicano, black, Asian and American Indian doctors in the state. Bakke alleged that he had been the victim of reverse discrimination. The Supreme Court of California agreed with him and the university appealed to the U.S. Supreme Court.
https://www.newsweek.com/affirmative-action-reverse-discrimination-645648
https://www.acslaw.org/expertforum/the-supreme-court-and-the-future-of-affirmative-action/
https://www.oyez.org/cases/2015/14-981
Facts of the case
Abigail Fisher, a white female, applied for admission to the University of Texas but was denied. She did not qualify for Texas' Top Ten Percent Plan, which guarantees admission to the top ten percent of every in-state graduating high school class. For the remaining spots, the university considers many factors, including race. Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protection Clause of the Fourteenth Amendment. The district court held that the University’s admissions process was constitutional, and the U.S. Court of Appeals for the Fifth Circuit affirmed. The case went to the Supreme Court, which held that the appellate court erred by not applying the strict scrutiny standard to the University’s admission policies. The case was remanded, and the appellate court reaffirmed the lower court’s decision by holding that the University of Texas’ use of race as a consideration in the admissions process was sufficiently narrowly tailored to the legitimate interest of promoting educational diversity and therefore satisfied strict scrutiny.