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Fisher V. University Of Texas: The Court Misses An Opportunity

July 7, 2013
By Dr. John A. Sparks ( , The Post-Journal

The Supreme Court, in a case heard by eight Justices (Justice Kagan recused herself), has issued its decision involving the admissions policies of the University of Texas. In a 7-1 decision, the court sent the case back to the Fifth Circuit Court of Appeals because that court did not apply the legal standard of "strict scrutiny." In short, "strict scrutiny" means that whenever a governmental entity, in this case the University of Texas, uses race as a reason for its actions, that kind of policy must be very closely scrutinized since it is inherently suspect. Abigail Fisher applied for admission to the University of Texas but was rejected presumably, in part, because she would not add to the racial diversity of the campus since she was white. She claimed that she was denied the opportunity to compete on an equal basis for admissions and that the university violated the equal protection clause of the Fourteenth Amendment to the Constitution.



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