An Update on the Fisher v. University of Texas Affirmative Action Case, and the Procedural Issue That Might, But That Need Not, Complicate Things

Verdict
October 28, 2011
Vikram David Amar

Last month, I wrote a column for this site analyzing an important affirmative action case, Fisher v. University of Texas. The plaintiffs in that case—unsuccessful undergraduate applicants to the University of Texas who challenge the constitutionality of UT’s race-based affirmative action admissions program—are currently seeking review in the U.S. Supreme Court. (Interested readers should consult my prior column for detailed background on the substantive issues raised by the lawsuit.)
Since that time, some analysts (including Adam Chandler, who wrote a thought-provoking blog post on the case) have suggested that the Supreme Court should not—indeed, perhaps cannot—grant review on the affirmative action issues in the case because of a procedural wrinkle. In the space below, I explain and examine that wrinkle.

Full Story: http://verdict.justia.com/2011/10/28/an-update-on-the-fisher-v-university-of-texas-affirmative-action-case