Two weeks ago, the United States Supreme Court decided on the Abigail Fisher v. The University of Texas at Austin case, and it shocked many of us watching. Actually, “decided” is, perhaps, an inaccurate term. Rather than making a decision that the use of race in the University of Texas’s diversity-initiative based admissions policy is justified or not justified, the Supreme Court punted the case back down to the lower courts, arguing that the lower courts did not sufficiently analyze the case against an earlier decided case, Grutter v. Bollinger.
The decision reads, “Because the Fifth circuit did not hold the University to the demanding burden of strict scrutiny articulated in Grutter and the Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, its decision affirming the District Court’s grant of summary judgement to the University was incorrect. Pp. 5-13.”
All of this was murky for me and so…
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