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Amicus Brief to the U.S. Supreme Court: In the Second Hearing of Fisher v. University of Texas at Austin

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Amicus Brief to the U.S. Supreme Court: In the Second Hearing of Fisher v. University of Texas at Austin

October 30, 2015

ACE and 37 other higher education associations filed this brief with the U.S. Supreme Court in Fisher v. University of Texas at Austin, as the court prepares to take a second look at UT’s diversity in admissions policy.

Abigail Fisher, an unsuccessful applicant to UT, has asked the Supreme Court to reverse the decision of the U.S. Court of Appeals for the Fifth Circuit re-endorsing the manner in which UT considers race in undergraduate admissions decisions.

The suit, brought in 2008, asks the court to declare UT's race-conscious admissions policy inconsistent with Grutter v. Bollinger, the 2003 University of Michigan case that confirmed that race can have an appropriate but limited role in college admissions. In 2013, in Fisher I, the Supreme Court reaffirmed that obtaining the educational benefit of a diverse student body is a compelling interest that can justify narrowly tailored consideration of race.

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