After Fisher Arguments, Justices Appear Typically Divided

WASHINGTON ― The steps of the Supreme Court were a lively scene at the conclusion of the court’s oral arguments on Fisher v. the University of Texas at Austin, a case that centers around the constitutionality of affirmative action. Rev. Al Sharpton addressed a crowd of National Action Network (NAN) supporters in his wonted rousing style. When Abigail Fisher, the case’s protagonist, passed by to hail a cab minutes later, the crowd grew rather more animated, chanting, “What do we want? Affirmative action!”

Earlier, inside the court, the proceedings were no less heated, if somewhat more subdued in expression. The liberal and conservative justices showed themselves to be deeply divided over whether race should be a consideration in admissions policies at UT Austin and other institutions of higher education across the nation. The arguments went on for more than 90 minutes Wednesday morning.

The arguments focused on whether or not UT Austin is justified in using race as one factor for consideration when admitting one-quarter of incoming freshman. UT Austin admits 75 percent of its students under the top ten percent plan, by which students who rank in the top 10 percent of their high school class are offered automatic admission to the university. The remaining 25 percent of seats are determined through a holistic admissions process, which uses race as one of the factors for consideration.