Ironically, had Justice Scalia lived Fisher II might have been 4-4 or become Fisher III. But instead the more liberal Justices plus Justice Kennedy prevailed in this win for affirmative action.
In Fisher v. University of Texas at Austin the Supreme Court ruled 4-3 that the University of Texas at Austin’s race-conscious admissions program is constitutional, as least of 2008, when this case was first brought. Justice Kagan did not participate in this case. Continue reading
When the Chief Justice extended argument time today perhaps he was hoping more time would shed more light on what to do with the Fisher case–for the second time… Continue reading
If you were going to bet on the outcome of a Supreme Court case—much less the Court’s reasoning—you should avoid the Fisher case. It’s anyone’s best guess.
For the second time the Supreme Court has agreed to decide whether the University of Texas at Austin’s race-conscious admissions policy is unconstitutional in Fisher v. University of Texas at Austin. Continue reading
The Supreme Court’s recent affirmative action ruling should be viewed through the lens of public employment not just public universities.
In Schuette v. Coalition to Defend Affirmative Action the Supreme Court held 6-2 that voters may by ballot prohibit affirmative action in public universities admission decisions. While this case was limited to the use of race in public university admission decisions, Michigan’s constitutional amendment also prohibits the use of racial-preference in state and local government employment and contracting. Presumably, these provisions are also constitutional. As NCSL’s Affirmative Action: State Action chart describes, a number of states prohibit the use of affirmative action in local government employment and contracting.
In 2003 in Gratz v. Bollinger and Grutter v. Bollinger, Continue reading