WASHINGTON, DC./Sept. 10, 2015: Southeastern Legal Foundation continues its support for college student Abigail Fisher and her fight for college admissions equality. The U.S. Supreme Court will once again hear oral argument in her challenge to the University of Texas at Austin’s unconstitutional admissions policy that expressly considers race, despite the Supreme Court’s mandate that the university first consider race-based alternatives. SLF has filed supporting amicus briefs at each stage of this important case. Abigail Noel Fisher v. University of Texas at Austin, et al., No. 14-981.
On this case’s first trip up to the Supreme Court, the university argued it needed to consider applicants’ race when reviewing applications because it needed to create “classroom diversity” and reduce diversity disparities. When the Supreme Court rejected the university’s arguments and sent the case back to the Fifth Circuit, the university came up with its new justification – “qualitative diversity.” The university now claims that minorities from minority-majority schools do not provide the “right” kind of diversity and that it must consider race to ensure it admits minorities with certain qualities – or, put another way, the university wants more minorities from majority white high schools.
The case is now on its second trip to the Supreme Court, because the Fifth Circuit accepted the university’s post hoc reasoning and in doing so, directly violated the Supreme Court’s jurisprudence and remand instructions.
Click here for SLF's Supreme Court amicus brief