Supreme Court Decides Fisher v. Univ. of Texas at Austin – Upholds Affirmative Action Plan

The Supreme Court today decided Fisher v. Univ. of Texas at Austin — the affirmative action in higher education case. The opinion is available here http://www.supremecourt.gov/opinions/15pdf/14-981_4g15.pdf

The Court affirmed the 5th Circuit’s decision holding that the University of Texas’s race-conscious admissions plan is constitutional under the Equal Protection Clause of the U.S. Constitution. The Court determined that the plan was narrowly tailored to serve the compelling interest in student body diversity.

This is certainly a victory for affirmative action. At the same time, the opinion seems to seek to keep educational institutions focused on striking a careful balance and continuing to experiment with admissions policies that include student body diversity and inclusion as goals:

“Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission. But still, it remains an enduring challenge to our Nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity. In striking this sensitive balance, public universities, like the States themselves, can serve as “laboratories for experimentation.”

The Court’s affirmance of the University’s admissions policy today does not necessarily mean the University may rely on that same policy without refinement. It is the University’s ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies.”

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