Constitutional Law

Fisher v. University of Texas — Study Notes

Fisher v. University of Texas at Austin, 579 U.S. ___ (2016)

Study notes for Fisher v. University of Texas: professor notes, cold call prep, exam angles, and memory aids.

The University of Texas’s use of race in its admissions process is constitutional under strict scrutiny standards.
Professor Notes

In Fisher v. University of Texas, the Supreme Court upheld the use of race as one factor in the holistic admissions process of the University of Texas at Austin, reinforcing the concept of strict scrutiny in race-conscious admissions policies. Professors would likely emphasize the strict scrutiny standard and the importance of achieving diversity within higher education institutions as compelling state interests. The case illustrates how the Court navigates the tension between equal protection principles and the goals of affirmative action, making it a pivotal moment in the ongoing discourse of race in education.

Cold Call Prep
  1. 1What was the main holding of the Fisher case?
  2. 2Explain what strict scrutiny entails in the context of affirmative action.
  3. 3How does the Top Ten Percent Plan function as part of UT's admissions policy?
  4. 4What compelling interests did the University of Texas argue for its race-conscious admissions?
  5. 5Describe the outcome of lower courts prior to the Supreme Court's decision.
  6. 6Can you discuss how this case relates to previous affirmative action rulings?
  7. 7What are some potential implications of the Court’s ruling in Fisher for future cases?
Mnemonic Device

FISH - Fisher's Inclusion Signals Hope: Fisher upholds Inclusion via Scrutiny (Holistic Approach)

Distinguish From
CaseDistinction
Grutter v. BollingerGrutter upheld a holistic admissions policy at the University of Michigan Law School, emphasizing persuasive diversity interests, while Fisher focused specifically on the use of race in conjunction with the Top Ten Percent Plan.
Fisher v. University of Texas (2013)The 2013 Fisher case resulted in a remand without addressing the merits of race consideration, emphasizing the need for a stricter application of scrutiny, whereas the 2016 case directly addressed the legitimacy of the admissions policy.
Policy Arguments

For the Rule

Proponents argue that race-conscious admissions enhance educational diversity, leading to better outcomes for all students by fostering a rich exchange of ideas and perspectives.

Against the Rule

Critics argue that race-based admissions can disadvantage more qualified applicants and perpetuate divisions based on race, ultimately undermining the meritocratic ideals of higher education.

Class Discussion Points
  • How does Fisher v. University of Texas contribute to the broader conversation about affirmative action in the U.S.?
  • What are the practical implications of strict scrutiny for colleges and universities attempting to enhance campus diversity?
  • In what ways might future cases challenge or build upon the precedent set by Fisher?
Exam Angle

Exam questions about Fisher will often focus on the application of strict scrutiny to affirmative action policies and the balance between equal protection and diversity goals in higher education. Look for questions that address how admissions processes can be designed to meet constitutional requirements.

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