At stake was the University of Texas' policy of holistic admission, which means that students who apply to the university system are judged based on a variety of factors, race one among them. ... Justice Thomas says that he voted with the majority because he agreed that the lower court had not properly applied the strict scrutiny standard from earlier cases. HANNAH JONES: Yes, that's right. MARTIN: I'm still kind of focusing on the fact that there were 42 white students with grades and resumes that were inferior to hers who were admitted to the University of Texas and only five black or Latino students were, but somehow the argument remains that somehow blacks and Latinos were advantaged. Bollinger, and its support for racial preference in admissions because of the “insidious consequences” of the preferences. MARTIN: We're speaking with Nikole Hannah-Jones. But UT weighs the remaining 25 percent of applicants "holistically" -- that is, taking into account a host of factors, of which race is only one. decisions, The Court concludes that the Court of Appeals did not hold the University to the demanding burden of strict scrutiny articulated in. The justices completely avoided making a substantive decision about the constitutionality of the University of Texas at Austin’s admissions policy. But really, the challenge is about whether or not University of Texas can use race at all. This morning, the Supreme Court finally delivered its opinion in Fisher v. University of Texas—the affirmative action case the Court has been marinating on since October. MARTIN: I do want to mention once again that we reached out to Mr. Edward Blum shortly before the court decision was made, but he declined to comment or to speak with us. Let me finish tonight with the Supreme Court and affirmative action. We made it easy for you to exercise your right to vote. The plaintiff in this case, Abigail Fisher, probably should, too—because her case sucks and she deserves to lose. But both of Fisher’s parents are alumni of the school, so Fisher’s goal was to attend and then find work in Austin after graduation. Do they seem to have been interested in these facts? What kind of example does this set for others? Justice Scalia signals here that he would vote to overturn any racial preferences, in education or elsewhere. he wondered, but later tweaked the question: "I'm just wondering what the benefits of diversity are in that situation. Part of HuffPost Politics. Abigail Fisher, who brought the case against the University of Texas, claimed it was unfair for UT to reject her while accepting less qualified minority applicants, and sued claiming the school had discriminated against her based on her race. Okay, a couple of points here I want to address. And he actually was contacted by Abigail Fisher's father, who was an associate of Blum's. At stake was the University of Texas' policy of holistic admission, which means that students who apply to the university system are judged based on a variety of factors, race one among them. claimed it was unfair for UT to reject her while accepting less qualified minority applicants, and sued claiming the school had discriminated against her based on her race. She was kind enough to join us from our bureau in New York. Visit our website terms of use and permissions pages at www.npr.org for further information. Later, we'll hear about a new film that takes a fresh look at attitudes about same-sex marriage among African-Americans. HANNAH JONES: Well, he begin to put a call out looking for plaintiffs. before and reiterate here that only an ostrich could regard the supposedly neutral alternatives as race unconscious. Most recently, in June 2016 the Supreme Court affirmed, in a 4-3 decision written by Justice Anthony Kennedy, a lower court ruling that allowed the University of Texas to use a race-conscious admissions policy under the 14th Amendment’s Equal Protection Clause. Whether one exists will be known by the end of June, when a decision is expected. Abigail Fisher, the white student at the center of the case, claims that this part of the rubric violates the Constitution. of strict scrutiny outlined in Justice Kennedy’s opinion. The existence of the plan is "totally dependent upon having racially segregated neighborhoods, racially segregated schools, and it operates as a disincentive for a minority student to step out of that segregated community and attempt to get an integrated education," Ginsburg said, implying that UT uses the plan because there is inequality elsewhere in Texas. Petitioner urges that Texas’ Top Ten Percent Law and race-blind holistic review of each application achieve significant diversity, so the University must be content with those alternatives. @WSJ . The vote was 4-3. In a hearing that extended well beyond the initial one-hour limit, the justices once again were divided on whether the admissions plan the University of Texas at Austin uses when admitting students -- which the court already vetted in 2013 -- is constitutional. But Bakke remains fundamental precedent on affirmative action. HANNAH JONES: Well, certainly. All rights reserved. Justice Kennedy is saying that the appeals court was too deferential to the university and its efforts to bring a “critical mass” of minority enrollment and should have applied tough standards of constitutional review outlined in two prior I know that you reached out to him. a skeptical Justice Sonia Sotomayor asked Bert Rein, the lawyer representing Fisher. SCOTUS upholds affirmative action. And one thing that may have been attractive about Abigail Fisher is that her sister and her father also went there. But you make the point in your piece that it is true that there were applicants with lower test scores and grades than Fisher, but only five of those were black or Latino, but 42 of those were white and that these are not mentioned in her case at all. Abigail Fisher was recruited by a man named Edward Blum. MARTIN: Any idea why? doubt that the University’s discrimination injures white and Asian applicants who are denied admission because of their race. There’s no way maniacs like these can be counted on to make reasonable decisions when it comes to diversity initiatives. The only thing that she asked for in terms of damages was the return of her $100 application fee and housing deposit. Tell Me Everything: How to Protect Voting Rights in the Age of COVID-19. I have said (SOUNDBITE OF PROJECT ON FAIR REPRESENTATION VIDEO). I'll just play a short clip from one of them. #StayMadAbby and #BeckyWithTheBadGrades were both trending, as many found Fisher's case unworthy of respect. In this respect, Proposal 2 is similar to California's Proposition 209 and Washington's Initiative 200, other initiatives that also banned the use of race in public university admissions decisions. And I'm still not getting, how it is that this was argued? Some people called the decision one that supports bias against whites. And after a 2007 Supreme Court ruling, it reinstated affirmative action. Copyright © 2013 NPR. Affirmative action programs would probably be forbidden. and judged under a correct analysis. According to Supreme Court Appellate Attorney Thomas Goldstein, the rulings are a "road map not just for universities, but affirmative action generally." need not be blind to the lingering effects of "an overtly discriminatory past," the legacy of "centuries of law-sanctioned inequality. (Though I did not get rejected, I simply missed the deadline to apply in the first place.). She's a staff writer for ProPublica. MARTIN: I think the first revelation for many people might be that big cases like this don't just happen by accident, for the most part, that, dating back to the NAACP's challenge of Jim Crow laws, that the group - this is reported in your story - carefully looked for people whose stories would, in your words, elicit both sympathy and outrage and whose lives could withstand public scrutiny. As we mentioned earlier, the Supreme Court is expected to rule this month on some of the country's most divisive issues, including same-sex marriage and affirmative action. And he runs a nonprofit called the Project on Fair Representation. I think people were really interested to hear the facts behind the case and to really understand that the assertions around race and what happened to Abigail Fisher weren't really true. Instead, in a 7-1 decision, they held that the lower court hadn't analyzed the case properly and sent it back for further review. Life is tough for white people in America. What do you think? Affirmative action is a policy in which an individual's color, race, sex, religion or national origin are taken into account to increase opportunities provided to an underrepresented part of society. © 2020 The Tylt. Justice Thomas says that he voted with the majority because he agreed that the lower court had not properly applied the strict scrutiny standard from earlier cases. I'm always interested when people claim that they lost a job or they lost an opportunity to attend a school because an unqualified or underqualified minority took their place. That's later. The year Fisher applied, 80% of UT’s student body was admitted strictly by class rank; UT officials insisted that Fisher simply didn’t measure up. MARTIN: What reaction have you gotten to the piece? pic.twitter.com/LkEPlqswD9. HANNAH JONES: She ended up going to Louisiana State University and she works in finance in Austin. The Court vacates that judgment, but fairness to the litigants and the courts that heard the case requires that it be remanded so that the admissions process can be considered

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