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FISHER v. UNIV. OF TX AT AUSTIN

Docket No.: 11-345
Certiorari Granted: Feb 21 2012
Argued: October 10, 2012
Decided: June 24, 2013

Topics:

Affirmative Action, Article I, Equal Protection Clause, First Amendment, Fourteenth Amendment, disparate treatment, judicial review, patent, public education, public schools, racial discrimination, racial preferences, racial segregation

PartyNames: Abigail Noel Fisher v. University of Texas at Austin, et al.
Petitioner: Abigail Noel Fisher
Respondent: University of Texas at Austin, et al.

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 631 F.3d 213
Supreme Court Docket
Supreme Court Observer Blog Post for FISHER v. UNIV. OF TX AT AUSTIN

Abigail Noel Fisher
v.
University of Texas at Austin, et al.
Facts:

Abigail Fisher, a White female, applied for undergraduate admission to the University of Texas at Austin in 2008. While her academic credentials exceeded those of many other candidates who were granted admission, Ms. Fisher was denied entrance to the University. The University's admission policy expressly considered an applicant's race. Ms. Fisher believed she was, therefore, a victim of racial discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment.

Question Presented:

Whether this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions decisions.

Question:

Fisher v. University of Texas seeks to have Grutter v. Bollinger 539 U.S. 306 (2003) clarified or overruled to the extent needed to bring clarity to the law and restore the integrity of strict scrutiny review, for the Fifth Circuit seems to have read that decision as allowing effective abandonment of strict scrutiny.

Note:

JUSTICE KAGAN TOOK NO PART.

FISHER v. UNIV. OF TX AT AUSTIN
ORAL ARGUMENT

October 10, 2012

Listen to Oral Argument in FISHER v. UNIV. OF TX AT AUSTIN
Holding: VACATED AND REMANDED (EK no part)
Vote: 7-1
For more coverage on FISHER v. UNIV. OF TX AT AUSTIN please see our blog posting.
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