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SCOTUS: Not a punt, but a command in Fisher university admissions case

June 22, 2013

The Supreme Court of the United States today gets it absolutely right in Fisher v. UT-Austin, et al. - not a 'punt,' as many early analysts suggest.  SLF argued as amicus in this case that the lower court got it wrong by not applying the 'strict scrutiny' standard, which shifts the burden to the government agency (here, the state university system) to show that its race-based admissions policy is narrowly tailored to meet a compelling state interest.  The Supreme Court today held that the lower court decision was "incorrect" precisely because it failed to apply the strict scrutiny standard in what SLF describes as "well-settled law" when dealing with affirmative action and race-based government policies. 

 

Click here for SLF statement on SCOTUS win

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