Lower Court Holding in Fisher v. Texas
Decisions of the Fifth Circuit U.S. Court of Appeals
We consider a challenge to the use of race in undergraduate admissions at the University of Texas at Austin (UT). While the university has confined its explicit use of race to the elements of a program approved by the Supreme Court in Grutter v. Bollinger (2003), UT’s program acts upon a university applicant pool shaped by a legislatively mandated parallel diversity initiative that guarantees admission to Texas students in the top 10 percent of their high school class. The ever-increasing number of minorities gaining admission under this Top 10 Percent Law casts a shadow on the horizon to the otherwise-plain…
