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Fisher v. University of Texas at Austin (Fisher I)

United States Supreme Court

570 U.S. 297 (2013)

Relevant factsFree

After the Fifth Circuit struck down the University of Texas's original race-conscious admissions program in Hopwood v. Texas, Texas adopted the Top 10 Percent Law guaranteeing automatic admission for top-ranked high school students, and the University stopped considering race entirely. In 2004, finding it still lacked a 'critical mass' of minority students, the University revised its process to weigh race as a component of a broader personal-achievement index (alongside an academic index), without assigning race any specific numerical value. Fisher (plaintiff), a white applicant denied admission in 2008 out of roughly 29,500 applicants for 12,843 spots, sued claiming the program violated equal protection; the district court granted the University summary judgment, and the Fifth Circuit affirmed, deferring substantially to the University's own judgment about how it structured its consideration of race.

IssueFree

Whether a court reviewing a public university's race-based affirmative-action program under the Equal Protection Clause may afford deference to the university's own chosen method of considering an applicant's race to promote diversity.

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