This post is part of Law Street’s continuing analysis of the recent Supreme Court rulings. To read the rest of the coverage click here.

Affirmative Action: Fisher v. University of Texas at Austin

The decision: the Supreme Court ruled that the University of Texas at Austin can, legally, continue to factor race into admissions decisions.

This case has a lot of history

This isn’t exactly a new issue–or a new case. Affirmative action has been in and out of court for years and Abigail Fisher first brought this particular suit forward in 2012. It made its way up to the Supreme Court in 2013 only to be kicked back to lower courts.

It started back in 2008 when the University of Texas at Austin declined to admit Fisher into the school. Fisher then sued the university, claiming that UT denied her admission because she is Caucasian. Yes, you read that right. Fisher felt disadvantaged for being white.

How did that happen?

UT Austin, being the state’s flagship school, automatically accepts any applicant from a Texas public school who is in the top 10 percent of his or her graduating class. That batch of 90th percentile students makes up about 75 percent of UT’s incoming freshman class. For the last 25 percent, the university combines two scores to evaluate applicants.

Alongside SAT scores and high school grades, which make up an applicant’s Academic Index, students not automatically admitted are given a Personal Achievement Index (PAI). The PAI is UT’s way of giving people credit for non-academic factors like race, economic background, and life experience.

Check out this article: to read more about the case’s background.

So what does today’s ruling mean?

The 4-3 decision upholds the use of affirmative action, to an extent. Justice Anthony Kennedy wrote the majority opinion, in which he stated that admissions officers can’t run wild with affirmative action. He wrote:

“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”

You can put your fingers away, we did the math for you. Seven of the eight justices weighed in, while Justice Elena Kagan recused herself because she was involved as solicitor general.

You can read the opinion here.

Samantha Reilly

Samantha Reilly is an editorial intern at Law Street Media. A New Jersey native, she is pursuing a B.A. in Journalism from the University of Maryland, College Park. Contact Samantha at SReilly@LawStreetMedia.com.

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