Fisher v. University of Texas: The Potential for Social Science Research in Race-Conscious Admissions

Abstract

Less than ten years after Grutter v. Bollinger and Gratz v. Bollinger, the U.S. Supreme Court has decided to hear Fisher v. University of Texas, another race conscious admissions case in higher education. In Fisher v. University of Texas, Abigail Fisher, a white Texas resident, claimed that she was denied admission to the University of Texas in Austin because of her race. Specifically, she alleges that minority students with less stellar qualifications were admitted instead of her. Affirming the district court’s opinion, the Fifth Circuit Court of Appeals held in favor of the University. The Fifth Circuit did not find the university’s plan to be an illegal quota or akin to racial balancing. Instead, the court determined that the university followed the Grutter decision and carefully considered race as one of many factors in admitting students. The Fifth Circuit declined to hear the case en banc. After briefly highlighting the equal protection analysis, the outcomes in earlier Supreme Court decisions involving race-conscious admissions, and the 2011 Guidance from the U.S. Department of Education and the U.S. Department of Justice on implementing race-conscious policies in elementary, secondary, and post-secondary education, we examine the amicus briefs filed on behalf of Abigail Fisher and the University of Texas. In analyzing the amicus briefs, particular attention is focused on whether social science research was relied upon. Specifically, the social science research was rated and then discussed in order to highlight the range of research relied upon by both amici.