Category Archives: Affirmative Action

The Fishing Expedition is Over: Victory for Affirmative Action in Fisher v. Texas

Guest Post by Vinay Harpalani, Associate Professor of Law, Savannah Law School Thursday’s decision in Fisher v. Texas II came down exactly 13 years to the day after the U.S. Supreme Court’s 2003 ruling in Grutter v. Bollinger—which created the basic legal framework for affirmative action in university admissions. And more than eight years after Abigail … Continue reading The Fishing Expedition is Over: Victory for Affirmative Action in Fisher v. Texas

The Unpredictable Justice Kennedy

The line on Justice Kennedy is that he’s tough to predict. Ever since Justice O’Connor’s retirement, he’s been the Supreme Court’s swing vote, and the swing of the swing vote introduces an element of suspense to many of the most contentious Supreme Court cases. His vote, to a greater extent than any of his colleagues, … Continue reading The Unpredictable Justice Kennedy

The Fishing Expedition Continues: Will there be a Fisher III?

Guest post by Vinay Harpalani, Associate Professor at Savannah Law School On Wednesday, December 9, for the second time, the U.S. Supreme Court heard oral arguments in Fisher v. University of Texas at Austin. The question in Fisher II is the exactly the same it was in Fisher I: does the University of Texas at … Continue reading The Fishing Expedition Continues: Will there be a Fisher III?

Fisher v. Texas, the Remix

Guest Post by Vinay Harpalani, Associate Professor of Law, Savannah Law School In its October 2015 term, the U.S. Supreme Court will once again consider the constitutionality of race-conscious admissions policies. On June 29, the Court surprised many observers when it granted Abigail Fisher’s petition for a writ of certiorari in Fisher v. Texas (II)—two years after its … Continue reading Fisher v. Texas, the Remix

A Look Back—Justice Sotomayor’s First Oral Dissent

The Supreme Court has finally released—and Oyez has made available—audio recordings of last Term’s opinion announcements. Most of these announcements are summaries of majority opinions, but there are also a few oral dissents. Standard practice on the Supreme Court is for only the author of the opinion of the Court to read a summary of … Continue reading A Look Back—Justice Sotomayor’s First Oral Dissent

Justice Sotomayor’s First Oral Dissent

On Tuesday, for the first time in her five years on the Supreme Court, Justice Sotomayor read a dissent from the bench. This was in Schuette v. Coalition to Defend Affirmative Action, the case in which the six-justice majority upheld Michigan’s ban on racial preferences in its public universities. Oral dissents, as a relatively unusual … Continue reading Justice Sotomayor’s First Oral Dissent

Inside the Case: Schuette v. Coalition to Defend Affirmative Action

Case:

Schuette v. Coalition to Defend Affirmative Action

The Supreme Court will decide on another affirmative action case this Term. Schuette v. Coalition to Defend Affirmative Action, though, is different from the previous Term’s case in its central premise. Learn the background of the case from Professor Vinay Harpalani of Chicago-Kent College of Law.

Coming Up At The Court – Schuette v. Coalition to Defend Affirmative Action

Case: Schuette v. Coalition to Defend Affirmative Action While the Supreme Court was still deciding Fisher v. University of Texas last Term, it granted cert to a case out of Michigan called Schuette v. Coalition to Defend Affirmative Action. Both cases deal with affirmative action, but in very different ways.

Behind the Decisions of 2012

The 2012 Term of the Supreme Court wrapped up with many important decisions. The faculty of Chicago-Kent College of Law goes behind the decisions to explain what happened, why, and what it means for the future.

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Affirmative Action in Fisher – Behind the Decision

Case:

Fisher v. University of Texas

The Supreme Court’s decision in Fisher v. University of Texas didn’t make any sweeping declarations on affirmative action. In a 7-1 decision (with Justice Kagan recusing herself), the Court sent the case back to the lower courts. Distinguished Professor Sheldon H. Nahmod, who has argued on civil rights in the Supreme Court, explains what the decision means.