Abigail Fisher v. Affirmative Action

Abigail Fisher, Affirmative Action, University of Texas

Abigail Fisher is persistent if nothing else.

Oh, we meant Abigail Fisher v. University of Texas at Austin. Freudian slip. Anyhow, Affirmative Action is headed back to the highest court in America. The plaintiff is Abigail Fisher. The defendant is the University of Texas at Austin. If you feel like you’ve heard about this one before, you’re not alone. It’s not deja vu. Abigail Fisher has taken her case to the Supreme Court of the United States before — just two years ago. At that time, the Supreme Court heard her case but ultimately sent it back to the lower courts. At the lower courts, Ms. Fisher didn’t receive the decision she sought, with the Federal Appeals Court siding with the University of Texas at Austin.

But Ms. Fisher is nothing if not persistent. It’s not just anyone who will challenge our courts years after getting rejected by a college. Some will move on. And some will seek to bring this case before the nation’s highest court not once…but twice. The Supreme Court of the United States will now have the chance to review the decision reached by the lower courts. Numerous universities have filed amicus briefs with the Supreme Court defending the rights of colleges to practice Affirmative Action. This of course should come as no surprise since these schools rely on Affirmative Action in order to create wonderfully diverse classes.

It is our deep suspicion that the Supreme Court will side with the lower courts, that the practice of Affirmative Action will stand. Our crystal ball tells us that the right of colleges to factor in race within their holistic review process will withstand the challenge of Ms. Fisher and her attorneys. We suspect this is the end of the road for Ms. Fisher, with respect to her challenge of Affirmative Action.

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