WHAT HAPPENED?

Plaintiff is a white person who was rejected for admission to the University of Texas. Plaintiff believes that the rejection was due to an affirmative action program in which UT admits automatically admits any student who graduated in the top 10% of their class, and then considers race for the remaining applicants. Presumably, Plaintiff fit into the class of people where race was weighed in the application and was rejected.

WHY IS THIS BEFORE THE SUPREME COURT?

This case is before the Supreme Court because the Supreme Court has a long history of making convoluted rules that seem well-intentioned in a vacuum, but are mostly just rhetoric that is enforced at the will of individual justices. Per previous cases in California and Michigan, the admissions program can consider race, but can’t be a quote. It also cannot have the purpose of remedying past discrimination, but it can be used to foster diversity.   Even though it shouldn’t be, this case is probably a crapshoot.

WHAT IS THE RULING

This case is not yet decided.

WHAT ARE THE RAMIFICATIONS OF THIS DECISION?

This case could have long-lasting effects on affirmative action in higher education. This program seems to be within the realm of acceptable programs under precedent, but this is a fairly flimsy set of precedent so we could have a whole new set of rules once this case gets handed down. It would not be surprising if decision, and future precedent, went strongly in one way or another.

YOU SHOULD ROOT FOR FISHER IF YOU

Are (1)  an internet commentator or (2) between 5 and 4 justices on the Supreme Court.

YOU SHOULD ROOT FOR THE UNIVERSITY OF TEXAS IF YOU:

Jeez, I don’t know, everyone else? I feel like most people who don’t like this are probably too scared to say it out loud out of fear sounding racist.

 

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