The consensus from law professors to lay observers is that in Fisher v. University of Texas the U.S. Supreme Court punted—punted the case back for stricter scrutiny. But like a skillful kicker, Justice Anthony Kennedy put spin on the ball. Is it headed for the coffin corner?
On remand, U.T. will have to prove not only that its consideration of race meets Grutter v. Bollinger’s mandate to avoid quotas (which it surely does), but also that it is needed at all, given Texas’s “race-neutral” Top Ten Percent law. Passed in reaction to the 1996 Hopwood decision prohibiting any consideration of race, the law essentially requires U.T. to admit the top 10 percent graduating from each Texas high school. The law currently caps its reach at 75 percent of U.T.’s entering class, the remainder selected through a holistic review that considers race as a small factor in the context of each applicant’s unique life experience.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]