Fisher v. University of Texas (2013): Difference between revisions
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''[[Amicus curiae|Amicus]]'' briefs have been filed by the Asian American Legal Foundation, the [[Asian Pacific American Legal Center]], the California Association of Scholars and Center for Constitutional Jurisprudence, the [[Mountain States Legal Foundation]], the [[Pacific Legal Foundation]], Todd Gaziano, Gail Heriot, [[Peter Kirsanow]], Richard Sander and [[Stuart Taylor, Jr.]]<ref>{{cite web|title=Fisher v. University of Texas at Austin|url=http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/|publisher=SCOTUSblog|accessdate=March 28, 2012}}</ref> |
''[[Amicus curiae|Amicus]]'' briefs have been filed by the Asian American Legal Foundation, the [[Asian Pacific American Legal Center]], the California Association of Scholars and Center for Constitutional Jurisprudence, the [[Mountain States Legal Foundation]], the [[Pacific Legal Foundation]], Todd Gaziano, Gail Heriot, [[Peter Kirsanow]], Richard Sander and [[Stuart Taylor, Jr.]]<ref>{{cite web|title=Fisher v. University of Texas at Austin|url=http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/|publisher=SCOTUSblog|accessdate=March 28, 2012}}</ref> |
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The case is to be on the Supreme Court calendar for the term beginning in October 2012.<ref>{{cite |title=Affirmative action review due next Term |url=http://www.scotusblog.com/2012/02/affirmative-action-review-next-term/ |first=Lyle |last=Denniston |date=February 21, 2012 |publisher=SCOTUSblog |accessdate=April 6, 2012}}</ref><ref>{{cite news|last=Harrop|first=Froma|title=Racial Preferences in College Admissions: Time to Go|url=http://www.realclearpolitics.com/articles/2012/02/28/racial_preferences_in_college_admissions_time_to_go_113272.html|newspaper=Real Clear Politics|date=February 28, 2012}}</ref> If the Court overrules ''Grutter'', it would likely end affirmative action at public universities in the United States.<ref name="nyt"/> The result of such a ruling would |
The case is to be on the Supreme Court calendar for the term beginning in October 2012.<ref>{{cite |title=Affirmative action review due next Term |url=http://www.scotusblog.com/2012/02/affirmative-action-review-next-term/ |first=Lyle |last=Denniston |date=February 21, 2012 |publisher=SCOTUSblog |accessdate=April 6, 2012}}</ref><ref>{{cite news|last=Harrop|first=Froma|title=Racial Preferences in College Admissions: Time to Go|url=http://www.realclearpolitics.com/articles/2012/02/28/racial_preferences_in_college_admissions_time_to_go_113272.html|newspaper=Real Clear Politics|date=February 28, 2012}}</ref> If the Court overrules ''Grutter'', it would likely end affirmative action at public universities in the United States.<ref name="nyt"/> The result of such a ruling would force universities to rely only on grades to admit students. This is just one step needed to be taken in order to effectively end racism. |
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==See also== |
==See also== |
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Revision as of 22:08, 9 April 2012
| Fisher v. University of Texas | |
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| Full case name | Abigail Noel Fisher, Petitioner v. University of Texas at Austin, et al. |
| Docket no. | 11-345 |
Fisher v. University of Texas (11-345) is an upcoming case before the United States Supreme Court concerning the affirmative action admissions policy of the University of Texas at Austin. The case, brought by undergraduate Abigail Fisher in 2008, asks that the court either declare the admissions policy of the University inconsistent with, or entirely overrule Grutter v. Bollinger, a 2003 case in which the Supreme Court ruled that race could play a limited role in the admissions policies of universities. An overruling of Grutter could end affirmative action policies in admissions at U.S. public universities.[1]
The United States District Court heard Fisher v. University of Texas in 2009 and upheld the legality of the University's admission policy. The case was appealed to a three-judge panel from the Fifth Circuit which also ruled in the University's favor. The Supreme Court agreed on February 21, 2012, to hear the case. Justice Elena Kagan has recused herself from the case.
Case
Background
Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin in 2008 and were denied admission. The two women, both white, filed suit, alleging that the University had discriminated against them on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment.[2] The University of Texas at Austin accepts students in the top 10% of each Texas high school's graduating class, regardless of their race, under its Top Ten Percent plan. Eighty-one percent of 2008's freshman class were admitted under the plan.[3] The University considers talents, leadership qualities and family circumstances as well as race in its admissions process.[4]
Fisher enrolled at Louisiana State University, where she was in her final year as an undergraduate in 2012.[1][5] She is represented by the law firm Wiley Rein.[6]
Michalewicz withdrew from the case in 2011, leaving Fisher as the sole plaintiff.[5][4] As of 2012, Michalewicz was attending law school at Southern Methodist University.[4]
Lower courts
In 2009, United States District Court judge Sam Sparks upheld the University's policy, finding that it meets the standards laid out in Grutter v. Bollinger.[1] A Fifth Circuit panel composed of judges Patrick Higginbotham, Carolyn Dineen King and Emilio M. Garza concurred with Sparks' ruling in 2011. Higginbotham, in his ruling, wrote that the "ever-increasing number of minorities gaining admission under this Top Ten Percent Law casts a shadow on the horizon to the otherwise-plain legality of the Grutter-like admissions program, the Law's own legal footing aside."[7] Fifth Circuit judges voted 9-7 against reviewing the decision.[8]
Supreme Court
In September 2011, lawyers representing Fisher filed petition seeking review from the Supreme Court.[1] On February 21, 2012, the court granted certiorari in Fisher v. University of Texas. Justice Elena Kagan recused herself from the case and will not participate in the court's discussions.[9] Kagan's recusal is probably due to her involvement with the case while she was Solicitor General.[4]
Amicus briefs have been filed by the Asian American Legal Foundation, the Asian Pacific American Legal Center, the California Association of Scholars and Center for Constitutional Jurisprudence, the Mountain States Legal Foundation, the Pacific Legal Foundation, Todd Gaziano, Gail Heriot, Peter Kirsanow, Richard Sander and Stuart Taylor, Jr.[10]
The case is to be on the Supreme Court calendar for the term beginning in October 2012.[11][12] If the Court overrules Grutter, it would likely end affirmative action at public universities in the United States.[1] The result of such a ruling would force universities to rely only on grades to admit students. This is just one step needed to be taken in order to effectively end racism.
See also
References
- ^ a b c d e Liptak, Adam (October 15, 2011). "College Diversity Nears Its Last Stand". The New York Times.
- ^ Richey, Warren (February 21, 2012). "Affirmative action in college admissions goes back before Supreme Court". The Christian Science Monitor.
- ^ Wermiel, Stephen (October 11, 2011). "SCOTUS for law students: Barbara Grutter, meet Abigail Fisher". SCOTUSblog.
- ^ a b c d Haurwitz, Ralph K.M. (February 21, 2012). "UT's race-conscious admission policy facing Supreme Court test". Austin American-Statesman.
- ^ a b "Fisher v. University of Texas at Austin challenges affirmative action in higher education". The Daily Texan. February 21, 2012.
- ^ Haurwitz, Ralph K.M. (March 15, 2012). "Wide web of legal figures linked to UT affirmative action case". Austin American-Statesman.
- ^ Abigail Fisher, et al. v. State of Texas, et al. (PDF), United States Court of Appeals, Fifth Circuit, January 18, 2011
- ^ Farmer, Liz (February 22, 2012). "U.S. Supreme Court to hear case on UT admission policies". The Daily Texan.
- ^ Barnes, Robert (February 21, 2012). "Supreme Court agrees to reconsider use of race in college admission decisions". The Washington Post.
- ^ "Fisher v. University of Texas at Austin". SCOTUSblog. Retrieved March 28, 2012.
- ^ Denniston, Lyle (February 21, 2012), Affirmative action review due next Term, SCOTUSblog, retrieved April 6, 2012
- ^ Harrop, Froma (February 28, 2012). "Racial Preferences in College Admissions: Time to Go". Real Clear Politics.
External links
- Text of Fisher v. University of Texas is available from: Justia