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

See all articles by Susannah Pollvogt

Susannah Pollvogt

University of Arkansas, Fayetteville, School of Law

Date Written: December 13, 2012

Abstract

"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

Pollvogt, Susannah, Casting Shadows: Fisher v. University of Texas at Austin and the Misplaced Fear of 'Too Much' Diversity (December 13, 2012). Maryland Law Review Endnotes, Vol. 72, 2012, Available at SSRN: https://ssrn.com/abstract=2189163

Susannah Pollvogt (Contact Author)

University of Arkansas, Fayetteville, School of Law ( email )

260 Waterman Hall
Fayetteville, AR 72701
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
46
Abstract Views
379
PlumX Metrics