Congressional Digest

Supreme Court Debates January 2016 No. 1 Vol. 19
Abigail Noel Fisher, Petitioner

Race in College Admissions

The Constitutionality of Efforts to Ensure Classroom Diversity

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Abigail Noel Fisher, Petitioner

Bert W. Rein, Counsel of Record

Abigail Noel Fisher applied for and was denied admission to the University of Texas at Austin [UT] in 2008. She then filed suit against the university, contending that its admissions policy, which included the consideration of an applicant’s race for a select number of non-automatic slots in the freshman class, violates the Fourteenth Amendment to the U.S. Constitution. After being rejected at the lower-court level, her petition was first heard by the U.S. Supreme Court in 2013, which remanded the case back to the circuit court with instructions that it subject the university policy to “strict scrutiny.” The Fifth Circuit…

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