The big news today is that the U.S. Court of Appeals for the Fifth District decided against Abigail Fisher in her lawsuit against the University of Texas at Austin. A three-judge panel in a split decision said that the University of Texas had met the test of “strict scrutiny” in using race in admissions.
But only two judges made that decision, and Fisher intends to appeal. So do we have a Jarndyce v. Jarndyce (the fictional Charles Dickens case that went on for generations)? Or is affirmative action acceptable again–forever? Phi Beta Cons has some of the best experts on this and I look forward to their analysis.