Race in college admissions
Abigail Noel Fisher v. University of Texas at Austin
In brief
The Court sent Fisher's challenge back for the Fifth Circuit to apply the demanding test; whether UT Austin's admissions policy is constitutional remains undecided.
- Where it stands
- Decided
Decided 7-1 · June 24, 2013 · Opinion by Justice Thomas
- What it’s about
- Abigail Fisher challenged the University of Texas at Austin’s use of race in undergraduate admissions.
- Who it affects
- The Fifth Circuit must reconsider Fisher's challenge under that demanding test; whether UT Austin's policy passes it remains undecided.
Summary: written with AI from the case record.
What it's about
The Supreme Court wiped out the appeals court’s ruling (vacated it) and sent the case back to the lower court (remanded it), deciding that the appeals court had not required the University to meet the demanding constitutional test called strict scrutiny; the Court did not decide whether the admissions policy passed that test.
The dispute asks whether the Fourteenth Amendment allows a public university to consider race in undergraduate admissions.
Question presented
Does the Equal Protection Clause of the Fourteenth Amendment permit the consideration of race in undergraduate admissions decisions?
What the Court decided
Holding
Because the Fifth Circuit did not hold the University to the demanding burden of strict scrutiny articulated in Grutter and Regents of Univ. of Cal. v. Bakke, 438 U. S. 265, its decision affirming the District Court’s grant of summary judgment to the University was incorrect. 631 F. 3d 213, vacated and remanded.
- Result
- Vacated
The Court's reasoning
The Court said the Fifth Circuit had not required UT Austin to meet the demanding constitutional test (strict scrutiny), so its ruling for the University was incorrect.
The vote
From the opinions
“The University has steered clear of a quota system like the one struck down in Bakke , which excluded all nonminority candidates from competition for a fixed number of seats.”
What's next
The Fifth Circuit must reassess the case using strict scrutiny and determine whether UT Austin's admissions policy meets that test.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Fisher
Opinion added: Fisher I
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.