The U.S. Supreme Court’s decision in Fisher v. University of Texas is a stunning victory for affirmative action and the ability of colleges and universities to pursue diversity in educating their students. In a 4-3 decision, with Justice Anthony Kennedy writing for the majority, the court upheld a University of Texas plan that uses race as one among many factors in admissions decisions.

In 2003, in Grutter v. Bollinger, the Supreme Court held that colleges and universities have a compelling interest in having a diverse student body and may use race as one consideration, among many, in admissions decisions. In 2004, the regents of the University of Texas, seeing a lack of diversity in their undergraduate population, adopted a new admissions policy.