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Abstract: 

This article examines the decision and history behind the case of Abigail Fisher, who was denied admission to University of Texas at Austin and subsequently sued the university, claiming that the University’s admission process and its consideration of race was unlawful. In 2013, the Supreme Court sent the case back to the Fifth Circuit (which had ruled against Fischer and had upheld the University’s admission process) instructing the lower court to re-examine the case using a stricter standard for determining whether the University was truly employing a “least restrictive” method of ensuring diversity. Now the case is back before the high court, and colleges are waiting to see what further changes may be coming in how they are permitted to tailor admissions policies in order to achieve a diverse student body.

Keywords: Fisher v. University of Texas at Austin, 758 F.3d 653 (5th Cir. 2014); Gratz v. Bollinger and Grutter v. Bollinger, both at 539 U.S. 244 (2003); Fisher v. University of Texas at Austin, 133 S.Ct. 2411 (2013)

Affiliations:  1: Co-Editor; 2: Co-Editor.