U.S. Supreme Court Agrees to Hear Another Affirmative Action Higher Ed Case

Today, the United States Supreme Court granted certiorari, agreeing to hear Fisher v. Texas, 11-345.    According to the New York Times, “The new case, Fisher v. Texas, No. 11-345, was brought by Abigail Fisher, a white student who said she was denied admission to the University of Texas because of her race. The case has idiosyncrasies that may limit its reach, but it also has the potential to eliminate diversity as a rationale sufficient to justify any use of race in admissions decisions.       

Students in the top 10 percent of Texas high schools are automatically admitted to the public university system. Ms. Fisher just missed that cutoff at her high school in Sugar Land, Tex. She sued in 2008, challenging the way the state allocated the remaining spots using a complicated system in which race plays an unquantified but significant role.       

Ms. Fisher is soon to graduate from Louisiana State University. Lawyers for the University of Texas said that meant she had no standing to sue, an issue that the justices must now consider. ”  Justice Kagan did not participate in the case.

About Lisa Smith-Butler

Lisa is the Associate Dean for Information Services at the Charleston School of Law, Sol Blatt Jr. Law Library. She teaches Advanced Legal Research & Children & the Law.
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