On Tuesday, the lawyers for Abigail Fisher filed a cert petition with the Supreme Court, asking that review be granted of the latest Fifth Circuit decision against her. Recall that the last time around, the Supreme Court reversed the Fifth Circuit’s similar ruling; Justice Kennedy’s decision said that the court of appeals had not been strict enough in the scrutiny that it applied. Tuesday’s petition argues that the Fifth Circuit still hasn’t gotten it right and that, indeed, its latest decision is inconsistent with what Justice Kennedy demanded. I’ll be writing more later.

About the Author
Roger Clegg serves on the board of the Center for Equal Opportunity, where he was formerly president and general counsel.
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