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Constitutional Law Keyed to Maggs
Fisher v. University of Texas at Austin (“Fisher II”)
Citation:
136 S. Ct. 2198 (2016)Facts
In seeking to reverse the judgment of the Court of Appeals, petitioner makes four arguments. First, she argues that the University has not articulated its compelling interest with sufficient clarity. Next, she argues that the University has no need to consider race because it had already achieved critical mass under a prior admissions policy using the Top Ten Percent Plan and race-neutral holistic review. Third, she argues that considering race was not necessary because such consideration has had only a minimal impact in advancing the University’s compelling interest. Finally, she argues that there are numerous other alternatives of achieving the interest.
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