ABA Journal


U.S. Supreme Court

White student denied admission to University of Texas gets a chance to prove her case

Jun 24, 2013, 02:44 pm CDT


I think the more important aspect of this decision is that it continues to recognize the validity of "Grutter", which I think is a good thing.

By EsqinAustin on 2013 06 24, 3:00 pm CDT

A measured step in the right direction.

By Yankee on 2013 06 24, 7:18 pm CDT

Does this mean that US Society has advanced to the point where Abigail Fisher is not able to whine that she was denied admission on the basis of her gender?

By Dark Lord of the Right on 2013 06 24, 11:14 pm CDT

I don't think that his leaves any room for Schuette to "produce a far more sweeping decision." To the extent the Court has just reaffirmed that diversity can be a compelling state interest, and has also just back-handedly reaffirmed that there may be cases where only race conscious programs can achieve it, how can the Court possibly allow a voter initiative (or anything else) to take that option off the table on some kind of blanket basis? It would be rationally inconsistent with the decision just rendered, and in the Dowrkinian sense, would lack jurisprudential integrity.

With that said, it seems to me the Court has been completely at sea in this whole topic area with, from and after Croson. They don't know what they are doing, and they have created a cottage industry for six and seven-figure "disparity studies," many of which make no more sense than non-alcoholic beer.

By B. McLeod on 2013 06 25, 6:27 am CDT

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