Discriminatory Racial Preferences in College Admissions Return to the Supreme Court: Fisher v. University of Texas at Austin

For a second time, the Supreme Court is hearing a challenge to the University of Texas at Austin’s race-based admissions policy. The Court previously held that the school must prove that its use of race is narrowly tailored to further compelling governmental interests. Challenger Abigail Fisher argues that the school has failed to produce evidence demonstrating why its use of race is compelling. She also maintains that the university’s newly asserted interest in “qualitative” diversity cannot survive constitutional review. Research has shown admissions decisions based on race harm the very students they are supposed to benefit. Whether in this case or a future one, the Supreme Court should ban race-based discrimination in college admissions.

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