Tuesday, June 25, 2013

US Supreme Court: FISHER. UNIVERSITY OF TEXAS AT AUSTIN ET AL

SUPREME COURT OF THE UNITED STATES

Syllabus

FISHER v. UNIVERSITY OF TEXAS AT AUSTIN ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 11–345. Argued October 10, 2012—Decided June 24, 2013

The University of Texas at Austin considers race as one of various fac­tors in its undergraduate admissions process. The University, which is committed to increasing racial minority enrollment, adopted its current program after this Court decided Grutter v. Bollinger, 539 U. S. 306, upholding the use of race as one of many “plus factors” in an admissions program that considered the overall individual contri­bution of each candidate, and decided Gratz v. Bollinger, 539 U. S. 244, holding unconstitutional an admissions program that automati­cally awarded points to applicants from certain racial minorities. Petitioner, who is Caucasian, was rejected for admission to the University’s 2008 entering class. She sued the University and school officials, alleging that the University’s consideration of race in admis­sions violated the Equal Protection Clause. The District Court granted summary judgment to the University. Affirming, the Fifth Circuit held that Grutter required courts to give substantial defer­ence to the University, both in the definition of the compelling inter­est in diversity’s benefits and in deciding whether its specific plan was narrowly tailored to achieve its stated goal. Applying that standard, the court upheld the University’s admissions plan. (... full text)

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