Uncategorized

What the Supreme Court did (and didn’t) do on affirmative action

The Supreme Court punted today in the affirmative action case, Fisher v. University of Texas at Austin, sending the case back to the Fifth Circuit — and possibly even the district court — for a reconsideration of the university’s affirmative action policy under a strict scrutiny standard.

In the 7-1 decision by Justice Anthony Kennedy, the Court said that “because the Fifth Circuit did not hold the University to the demanding burden of strict scrutiny articulated in Grutter and Regents of Univ. of Cal. v. Bakke, its decision affirming the District Court’s grant of summary judgment to the University was incorrect.”

“[S]trict scrutiny does require a court to examine with care, and not defer to, a university’s ‘serious, good faith consideration of workable race-neutral alternatives,’” Kennedy added.

Earlier in the term, the Court had already signaled that it would be revisiting its landmark 2003 decision validating affirmative action in Grutter v. Bollinger by agreeing to hear a new challenge, Schuette v. Coalition Against Affirmative Action, next term.

That means that the Court may render a decision on the merits of affirmative action policies next term even before the Fisher case makes its way again through the lower courts.

The composition of the Court has changed since Grutter, with Justice Sandra Day O’Connor, who wrote that opinion, retiring and the more conservative Justice Samuel Alito taking her place.

One Comment


  1. George Greene

    June 25, 2013 at 7:15 am

    This is not a punt. This is a loss for proponents of affirmative action.
    The writing is very clearly on the wall. This is perhaps more of a chance
    (by the conservative majority) to give more colleges more time to revise
    their policies (to be LESS “affirmative”) before the hammer comes down next year.

Check Also

State Supreme Court rules retroactive application of teacher tenure repeal is unconstitutional

The state Supreme Court ruled unanimously today that ...

Top Stories from NCPW

  • News
  • Commentary

“I could choose to do anything else with $50.” But Anca Stefan, a high school English teacher in a D [...]

The Cape Fear River is damaged, contaminated by decades of human malfeasance, negligence and ignoran [...]

Legislative Services Officer Paul Coble appears to be violating the state public records law and is [...]

This morning, the state Supreme Court will hear oral arguments in the pivotal case of Silver, et al. [...]

These are extraordinary times in the American experiment with representative democracy. In Washingto [...]

Public education in North Carolina has its share of challenges, not the least of which has been the [...]

The post Time to come clean appeared first on NC Policy Watch. [...]

Tax Day in 2018 in North Carolina presents an opportunity to make sure our tax code allows us to mee [...]

Now hiring

NC Policy Watch is now hiring a Managing Editor – click here for more info.