University of Texas Affirmative Action Case Is Not Done Yet

university-of-texas-logoLast month, a panel of the Fifth Circuit Court of Appeals upheld the affirmative action policies on the University of Texas in a case brought by Abigail Fisher that had previously made it all the way to the U.S. Supreme Court.

In June 2013, the Supreme Court, in Fisher v. the University of Texas at Austin, reversed the decision of the Fifth Circuit Court of Appeals which upheld the race-sensitive admissions plan at the University of Texas at Austin. The Supreme Court ruled that the Appeals Court did not obtain sufficient information from the university as to whether the plan met the strict guidelines for a “narrowly tailored” plan as outlined in the 2003 Grutter decision. It sent the case back to the Appeal Court, ordering it to use “strict scrutiny” to determine if the university had complied with the “narrowly tailored” guidelines issued in the Grutter case. In the July decision, the Appeal Court panel said that they were “persuaded” that university had met the Grutter guidelines.

But the plaintiff was quick to respond and has now filed an appeal for the entire Fifth Circuit bench to hear the case. In the petition for rehearing, attorneys for the plaintiff stated “The Supreme Court instructed the panel to: (1) apply strict scrutiny without deference; (2) faithfully enforce the strict-scrutiny principles applicable in other settings; and (3) evaluate whether the University of Texas (“UT”) can prevail based on the existing record. The panel instead allowed UT to propose a rationale on appeal, conducted its own fact finding to support that rationale, and then deferred to UT’s assertion that pursuit of it was necessary and narrowly tailored.”

Related Articles

Leave a Reply

Get the JBHE Weekly Bulletin

Receive our weekly email newsletter delivered to your inbox

Latest News

Pew Research Center Provides Insight into Share of Black-Owned Businesses in the United States

Through analyzing data from the United States Census Bureau and the National Science Foundation, the Pew Research Center found that Black-owned businesses make up 3 percent of companies and earn 1 percent of gross revenue in the United States.

Martin Lemellle Appointed the Eleventh President of Grambling State University

Dr. Martin Lemelle has been serving as executive vice president and chief financial officer at the Maryland Institute College of Art.

Study Finds Elementary School Teachers More Likely to Discipline Black Boys than White Peers

“It is important to understand how race and racism shape children’s earliest school experiences,” wrote study author, Dr. Calvin Zimmerman. “Even for students as young as 6 years old, schools perpetuate existing social and educational inequalities.”

Johnnetta Betsch Cole Appointed President-In-Residence of the United Negro College Fund Capital Campaign

“With her immense expertise and passion for education, Dr. Cole will play a pivotal role in advancing the goals of our capital campaign and UNCF’s mission of ensuring equal access to higher education for underrepresented students of color,” said Dr. Michael L. Lomax, president and chief executive officer of the United Negro College Fund.

Featured Jobs