The case, Fisher v. University of Texas at Austin, had been decided by the Supreme Court in 2013, when the justices essentially “punted” back to the Fifth Circuit Court of Appeals in New Orleans and instructed them to apply the standard of “strict scrutiny” to the admissions process.
After the lower court decided that the use of race at Texas’ flagship university was lawful, Fisher and her attorneys appealed once again.
“Under the Supreme Court’s existing precedent, the university’s commitment to using race as one factor in an individualized, holistic admissions policy allows us to assemble a student body that brings with it the educational benefits of diversity for all students,” University of Texas at Austin President Gregory L. Fenves said in a statement. “Our admissions policy is narrowly-tailored, constitutional and has been upheld by the courts multiple times. We look forward to making our arguments before the Supreme Court later this year.”
The plaintiff, Abigail Fisher, said in a statement that she was happy with the ruling. Attorneys for Fisher have repeatedly argued that she was denied admission to the University of Texas in 2008 because she is White. Her benefactor, Edward Blum, president of the Project on Fair Representation, praised the Supreme Court for its decision to take up the case again.
“It is a terrible shame that Abby and thousands of UT applicants have been unfairly treated because of their race and ethnicity,” Blum said. “This is especially troubling in light of the secret and scandalous admissions policies run by UT officials to benefit the underqualified applicants of politically and financially powerful benefactors.”
