Analysis Of Fisher V. University Of Texas

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Caplan and Morris both address one of the most anticipated cases of the new Supreme Court term. In the case Fisher v. University of Texas, the Supreme Court revisits a controversial issue on affirmative action, which could rewrite the rules for institutionalizing racial differences in universities. This case was brought by Abigail Noel Fisher, a white student who was denied admission to the University of Texas at Austin in 2008. The eight justices will consider Fishers contention that the University of Texas’ effort to create a racial mix in the student body that more closely matches that of the state population violates the Constitution’s equal protection clause and Title VI of the Civil Rights Act of 1964. Each author address’s the merits of the case related to their understanding of the 2003 Supreme Court decision in Grutter v. Bollinger, which allowed colleges and universities to advance “racial diversity” as a valid goal for their institutions and for society, as long as they did not make race the determining factor in admissions.
The key concept for the reader and the possible tipping point for the Supreme Court’s ruling lies within the concept of how race was used in the selection process and how the desired results were measured. In the article written by Jonathan Morris, he clearly explains these concepts and relates them back to a proceeding case decision in the 1978; Regents of the University of California v. Bakke. The decision ruled that the use of a quota in the admissions process was unconstitutional because it removed minorities from competition with non-minority applicants and thereby discriminated against non-minorities. Caplan failed to identify this key concept and its affect on the ruling of the case.
Morris speaks to both sides of the case and the merits behind upholding the 2003 Supreme Court’s ruling in today’s society. It is evident Morris understands the intent of the 2003 Supreme Court’s decision in a race conscious society and ending affirmative action too early could erase the gains that have been achieved thus far. However he advocates, should the U.S. reach a post-race society, these measures would not be needed and even suggests
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