Preview

Fisher V. University of Texas

Good Essays
Open Document
Open Document
793 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Fisher V. University of Texas
Fisher v. University of Texas

This case was granted writ of certiorari by the United States Supreme Court on Tuesday, February 21, 2012 and argued on Wednesday, October 10, 2012. The petitioner in this case is Abigail N. Fisher and the respondent is the University of Texas at Austin. Fisher filed suit with the district court and the United States Court of Appeals for the Fifth Circuit and the court decided in favor of the University of Texas. The state of Texas has legislature that was enacted in 1997 that requires the admission into the University of Texas of all students that rank in the top 10% of their high school graduating class. The petitioner was not in this category, and was therefore judged on admission according to other factors. She was denied admission, and therefore sued the University based on violation of her Fourteenth Amendment Rights under the Equal Protection Clause. One of the precedents to this case was a 2003 decision in Grutter v. Bollinger. In this case the Supreme Court ruled that race was allowable in a limited role in the admissions policies of universities. The consequence in this case if the Supreme Court reverses the lower court’s decision, could be an end to affirmative action policies. One basic reason I chose this case was that I, as well as all my fellow students are familiar with the college admissions process. It is a topic that over time has turned from subjective to trying to be a more objective process. Test scores and grades are certainly a large portion of the admissions process, however as this case has shown it is not always the deciding factor. This will lead me into a discussion as to why I believe the University of Texas reserved the right to deny her admission, and as to why their standards were fully just. As much as I wanted to sympathize with the petitioner because I am all too familiar with the admissions process, I could not bring myself to do so. Firstly, Abigail Fisher did not

You May Also Find These Documents Helpful

  • Good Essays

    Nec Vs Duke Case Summary

    • 463 Words
    • 2 Pages

    Facts- Duke University allowed a female to try out for a male football team. In doing so Heather Sue Mercer should have had equal opportunity in making the squad. Duke University operates a Division I college football team. During the period relevant to this appeal (1994-98), appellate Fred Goldsmith was head coach of the Duke football team and appellant Heather Sue Mercer was a student at the school.…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    D.This case deals with the Seattle school district lets kids choose which high school they want to go to and when too many student wish to attend a certain high school then the district uses a set of factors to use. The problem with this is the second highest factor used was based off of race. This lead to parents from the district suing the district claiming that the tiebreaker for race breached the fourteenth amendment.…

    • 720 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…

    • 390 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    It was determined that the plaintiffs failed to show any part of the statute led to a denied admission to any non public school on racial or religious grounds. So the complaint of violating the 14th amendment was not discussed and dismissed for lack of standing.…

    • 462 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Abagail Fisher, a white female, applied for admission into the University of Texas. She was denied entrance because she did not qualify for Texas' Top 10 Percent Plan. This plan guarantees entrance to the top ten percent of every graduating high school class in Texas. Miss Fisher sued the University of Texas because she claimed that the use of race in admissions to the college violated the Equal Protection Clause from the 14th Amendment. The case made it all the way up to the Supreme Court which came to a final verdict. The University of Texas could use race as a plus factor when considering admissions. This use of race as a plus factor promotes diversity and therefore satisfies strict scrutiny.…

    • 418 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…

    • 219 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Abigail N. Fisher, a Caucasian female, applied for undergraduate admission at the University of Texas in 2008. The university denied Fisher’s application.…

    • 92 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    A. University of California Regents vs. Bakke (1978) wanted to go to grad school at uc davis-cali regents didn't have minorities and made a goal to have more diverse student body-uc davis set aside 15/100 for minorities-Alen Bakke files suit uses 14th amendment EP clause-Supreme court ruled in favor of Bakke-said you can't have quota for minorities-can consider race for one part of admission but not the only reason…

    • 600 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    As a freshmen in college I just got through with the application process, what a ton of work. Although I didn’t personally apply to any ivy league or private colleges, many of my friends did. The top five in my class, all applied to Yale, Harvard, Geneseo, Geneva and other popular colleges. So even though I was not affected by legacy admissions, one of my friends were, or may have been… It makes one wonder, were you a victim or a beneficiary of legacy admissions?…

    • 680 Words
    • 3 Pages
    Good Essays
  • Good Essays

    school. Linda Brown tried to gain admission to a school near her home but her application was…

    • 882 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Lesley Oelsner, "Court to Weigh College Admission That Gives Minorities Preference," New York Times, 23 Feb 1977, pg…

    • 4130 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    In December 1973 the plaintiff, Robert Steinberg, applied for admission to the defendant, the Chicago Medical School, as a first-year student for the academic year 1974--75 and paid an application fee of $15. The Chicago Medical School is a private, not-for-profit educational institution, incorporated in the State of Illinois. His application for admission was rejected and Steinberg filed a class action against the school, claiming that it had failed to evaluate his application and those of other applicants according to the academic entrance criteria printed in the school 's bulletin. Specifically, his complaint alleged that the school 's decision to accept or reject a particular applicant for the first-year class was primarily based on such nonacademic considerations as the *806 prospective student 's familial relationship to members of the school 's faculty and to members of its board of trustees, and the ability of the applicant or his family to pledge or make payment of large sums of money to the school. The complaint further alleged that by using such unpublished criteria to evaluate applicants the school had breached the contract, which Steinberg contended was created when the school accepted his application fee.…

    • 3218 Words
    • 13 Pages
    Good Essays
  • Powerful Essays

    Due Process Higher Education

    • 2964 Words
    • 12 Pages

    The United States Constitution is the highest law in the United States. It establishes the form of the national government and defines the rights and liberties of the American people.…

    • 2964 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Affirmative action is clearly favoring minority groups, and giving them an undeserved advantage. An example of this discrimination is clear, a statistic from the New York Times shows that after affirmative action was banned in California, the number of Hispanics and blacks accepted at UC Berkeley, and UC LA dropped sharply. Every time a college bases its decision on who to accept based on race or color, the racial tensions between minorities and majorities will rise in American…

    • 644 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    LEGACY Assignment

    • 402 Words
    • 2 Pages

    4. This argument was made by Tanya’s friend, Hope, who has a close friend who works in the admissions office. She seems to have a very biased opinion, which I don’t find to be very credible.…

    • 402 Words
    • 2 Pages
    Satisfactory Essays