The Supreme Court debates affirmative action: 3 takeaways
There's a decent chance that the conservative-leaning court could strike down affirmative-action admissions policies at public universities
On Wednesday, the Supreme Court heard oral arguments for Fisher v. Texas, a case that is widely considered to be the most serious legal challenge to affirmative action in nearly a decade. The case had been brought by Abigail Fisher, who claims that she was denied admission to the University of Texas at Austin because she is white. Under the state's enrollment system, the top 10 percent of students in every Texan high school is automatically accepted into the state university of their choice. However, the universities consider race and ethnicity, among other factors, when they fill up the rest of their incoming freshman classes, a policy that UT officials say is necessary to reach a "critical mass" of minority students and encourage diversity. Opponents of the program say it violates the Constitution's guarantee of equal protection under the law. Here, 3 takeaways from the case:
1. Affirmative action hangs in the balance
The Supreme Court could rule to either uphold UT's enrollment process, dismiss the case on narrow grounds, or strike down affirmative-action admissions policies at public universities. The latter decision would likely force private universities to abandon affirmative-action policies as well, since they receive federal funds. The court upheld affirmative-action admissions policies as recently as 2003, in the landmark decision Grutter v. Bollinger, but has since taken a decidedly conservative turn. Justice Anthony Kennedy, now considered the court's swing vote, was one of the four dissenters in Grutter.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
2. Conservative justices were skeptical of affirmative action
The five conservative justices peppered UT's lawyers with skeptical questions about the university's admissions process. In particular, they complained that UT's definition of "critical mass" was too vague, and that it was difficult to tell whether the school was achieving its goal of encouraging diversity or simply fostering discrimination. And Justice Kennedy at one point expressed his discomfort with the university singling out minorities for admission. "What you're saying," Kennedy said, "is what counts is race above all." However, Kennedy "didn't fully tip his hand on how he was leaning in the case," says Jess Bravin at The Wall Street Journal.
3. Liberal justices were defensive
Justice Ruth Bader Ginsburg noted that UT's affirmative-action admission program is "more modest" than the one upheld in Grutter, while Justice Stephen Breyer bemoaned the fact that conservatives were considering striking down Grutter a mere nine years after it was handed down. Justice Sonia Sotomayor suggested that it should be left up to the university to decide how to encourage diversity, while accusing Fisher's lawyer of trying to "gut" affirmative action. In an ominous sign for affirmative action's supporters, the court's fourth liberal, Justice Elena Kagan, has recused herself from the case, because she worked on it previously as solicitor general. But if Kennedy swings liberal to create a 4-4 tie, UT's program will be upheld.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Sources: The Associated Press, The New York Times, Reuters, USA Today, The Wall Street Journal
Create an account with the same email registered to your subscription to unlock access.
-
Baltimore bridge disaster: Who is going to pay and how?
Today's Big Question Politicians, legal experts, and the insurance industry are all grappling with the financial fallout of America's worst infrastructure tragedy in years
By Rafi Schwartz, The Week US Published
-
Melting polar ice is messing with global timekeeping
Speed Read Ice loss caused by climate change is slowing the Earth's rotation
By Peter Weber, The Week US Published
-
The Week contest: Stick guitar
Puzzles and Quizzes
By The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published
-
Xi-Biden meeting: what's in it for both leaders?
Today's Big Question Two superpowers seek to stabilise relations amid global turmoil but core issues of security, trade and Taiwan remain
By Harriet Marsden, The Week UK Published