Fisher v. University of Texas
This case was granted writ of certiorari by the United States Supreme Court on Tuesday, February 21, 2012 and argued on Wednesday, October 10, 2012. The petitioner in this case is Abigail N. Fisher and the respondent is the University of Texas at Austin. Fisher filed suit with the district court and the United States Court of Appeals for the Fifth Circuit and the court decided in favor of the University of Texas. The state of Texas has legislature that was enacted in 1997 that requires the admission into the University of Texas of all students that rank in the top 10% of their high school graduating class. The petitioner was not in this category, and was therefore judged on admission according to other factors. She was denied admission, and therefore sued the University based on violation of her Fourteenth Amendment Rights under the Equal Protection Clause.
One of the precedents to this case was a 2003 decision in Grutter v. Bollinger. In this case the Supreme Court ruled that race was allowable in a limited role in the admissions policies of universities. The consequence in this case if the Supreme Court reverses the lower court’s decision, could be an end to affirmative action policies.
One basic reason I chose this case was that I, as well as all my fellow students are familiar with the college admissions process. It is a topic that over time has turned from subjective to trying to be a more objective process. Test scores and grades are certainly a large portion of the admissions process, however as this case has shown it is not always the deciding factor. This will lead me into a discussion as to why I believe the University of Texas reserved the right to deny her admission, and as to why their standards were fully just.
As much as I wanted to sympathize with the petitioner because I am all too familiar with the admissions process, I could not bring myself to do so. Firstly, Abigail Fisher did not...
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