Dive Brief:
- The Supreme Court is scheduled to hear a University of Texas at Austin case about racial preferences in college admissions Dec. 9, and legal experts expect the flood of campus protests to affect the way justices consider the arguments.
- The New York Times reports Supreme Court precedent has rejected race-conscious admissions policies as a remedy for structural racism, instead allowing it only when justified as an education tool so students from diverse backgrounds can learn from each other.
- On one side, lawyers say Justice Anthony Kennedy may consider how recent protests reflect the need for diversity on campus to foster important dialogue — while on the other side, lawyers say Kennedy might see some of the student demands as restricting free speech, which could make him rule against the UT-Austin admissions policy.
Dive Insight:
The Supreme Court is hearing the UT-Austin case for the second time. The first time, the case was sent back to the appeals court to look deeper into the school’s admissions policy, and after the appeals court reaffirmed it, Abigail Fisher’s legal team again took it to the Supreme Court. Fisher, who is white, was denied admission to the university and argued that it was because of the school's race-conscious admissions policy, which she says denies her 14th amendment right to equal protection.
The Supreme Court could rule as it has in the past, allowing the consideration of race in limited circumstances, or it could strike down affirmative action policies in all of higher education. The court could also rule based on Texas’ program alone, limiting the impact on other schools.