Casting Shadows: Fisher v. University of Texas at Austin and the Misplaced Fear of 'Too Much' Diversity
Maryland Law Review Endnotes, Vol. 72, 2012
7 Pages Posted: 14 Dec 2012 Last revised: 16 Jan 2013
Date Written: December 13, 2012
"Well, I thought that the whole purpose of affirmative action was to help students who come from underprivileged backgrounds, but you make a very different argument that I don't think I've ever seen before." Justice Alito.
Justice Alito’s comment, made during the recent oral argument before the Supreme Court in Fisher v. University of Texas at Austin , is troubling on many levels. Significantly, the comment suggests that Justice Alito has not recently re-read Regents of the University of California v. Bakke or Grutter v. Bollinger — the two Supreme Court decisions that will likely control the outcome in Fisher. This is because both Bakke and Grutter acknowledge two distinct justifications for race-conscious admissions policies, and the justification these cases ultimately endorse is the one Justice Alito appears to be unfamiliar with.
Suggested Citation: Suggested Citation