Fisher v. University of Texas (Fisher II)

After the Fifth Circuit's original admissions process was found unconstitutional in 1996 for lacking a compelling justification, Texas adopted the Top Ten Percent Law automatically admitting students from the top 10 percent of their high school classes, guaranteeing a significant pool of black and Latino students given the state's persistent school segregation. Years later, the University added race as one factor considered for the remaining portion of the entering class not covered by the Top Ten Percent Law. Fisher (plaintiff) again sued alleging equal-protection violations; the Fifth Circuit twice upheld the policy, the first time on an incorrect standard (leading to a Supreme Court remand for genuine strict scrutiny), and the second time after applying that standard properly; Fisher again petitioned for Supreme Court review.