Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

June-24-13

Supreme Court Sends Affirmative Action Case Back to Appeals Court

Today the Supreme Court issued an opinion in the case on the affirmative action program at the University of Texas at Austin campus, deciding to send the case back to the Fifth Circuit Court of Appeals for further scrutiny in a seven to one decision.

The case,Fisher v. University of Texas, which comes from a Caucasian student claiming to have been denied admissions at the University of Texas at Austin on account of her race, could "eliminate diversity as a rationale sufficient to justify any use of race in admission decisions." The US Court of Appeals for the Fifth Circuit previously ruled in favor of the University of Texas, indicating that the university had not violated the civil or constitutional rights of the plaintiffs.

The opinion [PDF], written by Justice Anthony Kennedy, argues that the Fifth Circuit did not review the program with sufficient scrutiny as required by the Supreme Court case Grutter v. Bollinger. The Grutter case ruled that affirmative action programs in university admissions were constitutional provided the program takes into account multiple qualifications "of which racial or ethnic origin is but a single though important element." Kennedy also wrote that the UT Austin program could only be considered constitutional if the university could prove "no workable race-neutral alternatives would produce the educational benefits of diversity."

Associate Justice Ruth Bader Ginsburg dissented from the majority opinion, believing that the Court should have upheld the decision in favor of UT Austin. In her dissent, she wrote [PDF] "I have several times explained why government actors,including state universities, need not be blind to the lingering effects of 'an overtly discriminatory past,' the legacy of 'centuries of law-sanctioned inequality.'" Justice Elena Kagan recused herself from the case.

Media Resources: Fisher v. University of Texas 6/24/2013; Reuters 6/24/2013; USA Today 6/24/2013; Feminist Newswire 10/10/2012


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

12/16/2014 Federal Lawsuit Challenges the Wisconsin Law That's Putting Pregnant Women in Prison - A federal civil rights lawsuit is being filed on behalf of a Wisconsin woman who was jailed after allegedly using methamphetamines while 14 weeks pregnant. Tamara Loertscher, 30, was jailed after seeking prenatal care at a Mayo Clinic branch in Eau Claire, Wisconsin. . . .
 
12/16/2014 Personhood Groups Plan to Launch County and Municipal Measures to Restrict Abortion Access - A newly-created anti-abortion group has announced a new tactic meant to end abortion access nationwide. In the wake of major defeats for personhood ballot measures in Colorado and North Dakota's recent elections, anti-abortion extremist Gualberto Garcia Jones, who authored Colorado's failed Amendment 67, is now instructing groups to abandon statewide votes for personhood amendments. . . .
 
12/16/2014 Thousands Marched for Justice in Washington, DC in the Wake of Fatal Police Violence - On Saturday, December 13, the National Action Network (NAN), NAACP, and other civil rights organizations led the Justice For All March in Washington, DC. . . .