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A Landmark Decision or just an Affirmation?

March 24th, 2014 No comments

By: Morgan Davis
Blog Category: Racial Implications of Recent Supreme Court Decisions

The Supreme Court’s decision in Fisher v. University of Texas was greatly anticipated, but when the 13-page decision was issued, was it really a decision at all? The Court’s 7-1 decision reaffirmed the Court’s position that diversity in higher education is of great importance. However, the Court declined to settle the ongoing dispute of the legality or constitutionality of affirmative action. Ultimately, the case was remanded back to the Fifth Circuit, leaving various interest groups and universities not knowing exactly what to make of the decision. It is a win in some respects, because the decision did not invalidate the essence of affirmative action in an educational environment. Supporters of affirmative action take the Court’s decision as a sign that the Court supports the consideration of race in admission policies to ensure and promote diversity.  However, the remand will force the University of Texas to further defend the legality of its admission procedures.  On remand the “reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity.” The decision will ultimately encourage other colleges and universities to be proactive ensuring that their admission policies will withstand the Court’s strict scrutiny test.

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race. 

Sources:

After Fisher v. University of Texas: Implications for Education Research, Theory, and Practice, Fall 2023 Harvard Educational Review, http://hepg.org/her/abstract/1252.

Joy Resmovits, Fisher v. University of Texas at Austin Ruling Leaves Universities in Limbo, Huffington Post (June 24, 2013), http://www.huffingtonpost.com/2013/06/24/fisher-v-university-of-texas-at-austin-ruling_n_3434687.html.