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Prof. Taylor on the Supreme Court's Fisher ruling | SLU LAW

Prof. Taylor on the Supreme Court's Fisher ruling


The U.S. Supreme Court handed down its opinion in the Fisher v. University of Texas at Austin case this morning, which dealt with the issue of affirmative action programs in higher education admissions. The justices ruled that the lower court did not hold the University of Texas' program to strict enough scrutiny, and sent the case back for further review.

Prof. Aaron Taylor, one of SLU LAW's education law experts, tweeted about the decision after it was announced.

The blog post explains the issues of the case in plain English, for those who are unfamiliar with the background. Prof. Taylor adds, though, that he was writing about public higher education, but this case will affect private institutions as well. He continued:

Prof. Taylor said after reading the opinion that he's not optimistic about the UT program's chances during it's new review. "The chances of this policy being upheld are not favorable," he said. "Texas will have to actually demonstrate that it has exhausted every 'workable race-neutral alternative' alternative in achieving the compelling interest of diversity. This is a significant departure from previous precedent, which deferred to the expertise of universities in the realm of admissions. In other words, Texas will have to answer to the court in a way that universities never have before."

Channel 5 (KSDK) had Prof. Taylor on air Monday afternoon to discuss the case.


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