Supreme Court Issues Affirmative Action Ruling

Yesterday, the U.S. Supreme Court issued a ruling in Fisher v. University of Texas at Austin addressing the use of race as a consideration in admissions.

In 2008, Abigail Noel Fisher was denied admission to the University of Texas – Austin. Fisher filed a lawsuit alleging the university’s consideration of race in admissions violated her constitutional rights. 

The Supreme Court did not decide whether the university’s policy of using race as a plus factor in admissions was constitutional. Rather, the Court said that university affirmative action policies must be reviewed with strict scrutiny. This is an exacting standard that will require the university to show that its policy is narrowly tailored to achieve the university’s interest in diversity. The Court remanded the case to the Court of Appeals for the Fifth Circuit to apply the proper standard of review. 

Only Justice Ruth Bader Ginsberg dissented.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×