Abigail Fisher Loses on Remand

by Roger Clegg

About a year ago, the U.S. Supreme Court overturned a court of appeals decision that had upheld the University of Texas’s use of racial and ethnic admissions preferences, ruling that the lower court had not been strict enough in its scrutiny of the school’s discrimination against the plaintiff, Abigail Fisher. Today a divided panel on remand has again upheld the university’s discriminatory admissions policy. I’ll write more once I’ve read the opinions more carefully, but my sense after a quick skim is that this case is now headed back to the Supreme Court. The good news is that the court of appeals ruled on the merits — it did not deny Ms. Fisher’s standing or send the case back to the trial court — and that there is a strong dissent.