Supreme Court justices bring tough questions for both sides in Fisher v. University of Texas
- A fourth Supreme Court justice supportive of affirmative action in admissions decisions had yet to reveal themselves as parties on both sides of Fisher v. University of Texas faced tough questions from the justices Wednesday.
- Justices Stephen Breyer, Ruth Bader Ginsberg and Sonia Sotomayor (who have backed such programs in the past) asked questions supportive of the university's position or critical of Fisher's suit, while the remaining five justices asked questions that expressed suspicion of the University of Texas' use of affirmative action and how "narrowly tailored" the plan is.
- With Justice Elena Kagin having recused herself from the case as a result of having worked on the issue as U.S. solicitor general before joining the court, only a 4-4 tie is needed to uphold a federal appeals court ruling that found Texas' admissions policy constitutional.
From the article:
WASHINGTON -- The University of Texas at Austin needs a fourth Supreme Court justice to preserve its ability -- and that of other colleges -- to consider race and ethnicity in admissions decisions. If one exists, he didn't reveal himself on Wednesday, when the U.S. Supreme Court heard arguments in a challenge to the university's approach to affirmative action. ...
- InsideHigherEd Read More
Follow Roger Riddell on Twitter