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Constitutional Law Keyed to Choper
Fisher v. University of Texas
Citation:
__ U.S. __ , 136 S.Ct. 2198, 195 L.Ed.2d 511 (2016).Facts
In 1997, the Texas legislature enacted a law requiring the University of Texas to admit all high school seniors who ranked in the top 10% of their high school classes. After finding differences between the racial and ethnic makeup of the university’s undergraduate population and the state’s population, the University altered its admissions policy. Under the new policy, it would continue to admit all in-state students who graduated in the top 10% of their high school class. Roughly 75% of students are admitted based on their high school class rank. The remaining 25% are admitted pursuant to a holistic analysis that takes race into account.
Fisher, a Caucasian female, applied for undergraduate admission to the University. Fisher was not in the top 10% of her class, so she competed for admission with other applicants. She was denied admission.
Fisher brought suit against the University, arguing that its use of race as a consideration in admission decisions violated the Equal Protection Clause of the Fourteenth Amendment.
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