The Supreme Court on Affirmative Action: 5 Possible Outcomes


Bill Blum | Truthdig | December 12, 2015

    Abigail Fisher, who challenged the use of race in college admissions, speaks to reporters outside the Supreme Court in Washington on Wednesday. With her is Edward Blum, who helped bring the case to court. (J. Scott Applewhite / AP)

Like a lot of veterans—or old fogies, take your pick—of the political uprisings of the late ’60s and early ’70s, I’ve watched the growth of the new college protest movement with avid interest. I was heartened by the determined young activists who stood up to entrenched racism at the University of Missouri. I’ve also applauded—with a few quibbles here and there—the many others who, inspired by the Black Lives Matter struggle, have raised demands for greater diversity on campuses across the country.

On Wednesday, those demands made their way to the Supreme Court—not directly, but in effect, during the oral arguments heard in the case of Abigail Noel Fisher v. the University of Texas.

Filed in 2008 after her application to UT was rejected, Fisher’s case was originally considered by the Supreme Court in 2012-13 but was sent back to the 5th Circuit Court of Appeals. It is now before the Supreme Court for a second round of review.

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