Fisher v. University of Texas at Austin: A Timeline and Resources

Background

Fisher v. University of Texas (UT) at Austin is a lawsuit concerning UT's use of diversity in its admissions process. It has twice come to the U.S. Supreme Court on appeal. In its second ruling in 2016, the Supreme Court voted 4-3 to uphold the university's admissions policy.

On June 24, 2013, the Supreme Court voided the lower appellate court's ruling in favor of UT and remanded the case for further consideration, via a 7–1 decision, with Justice Ruth Bader Ginsburg dissenting (Fisher I). The Supreme Court found that the lower court had not appropriately applied the standard of strict scrutiny articulated in Grutter, and in Regents of the University of California v. Bakke (1978), to its assessment of the UT admissions program. Fisher I took Grutter and Bakke as given, and did not directly revisit the constitutionality of using race as a factor in college admissions.

Applying the Supreme Court's 2013 decision, the Fifth Circuit once again found for UT in 2014. Fisher again appealed the Fifth Circuit's decision, and the Supreme Court again agreed to hear her appeal (Fisher II). The Supreme Court heard oral argument in Fisher II on Dec. 9, 2015, and on June 23, 2016, voted 4-3 to uphold UT's admissions policy.

Resources

Race, Class, and College Access: Achieving Diversity in a Shifting Legal Landscape
This July 2015 report examines how legal challenges to race-conscious admissions are influencing contemporary admissions practices at selective colleges and universities around the country.

Bridging the Research to Practice Gap: Achieving Mission-Driven Diversity and Inclusion Goals (March 2016)
The College Board's Access & Diversity Collaborative

Webinar on Possible Outcomes and Responses to Fisher II (March 2, 2016)
This webinar, entitled “Preparing for Fisher II on Your Campus: An Overview of Key Issues and Action Steps to Consider,” provides recommendations to help institutions prepare for the U.S. Supreme Court’s second decision in the Fisher case. The link above to the archived webinar requires email registration. (Hosted by ACE, the College Board’s Access & Diversity Collaborative and EducationCounsel.)

Preparing for Fisher II (February 2016)
The College Board's Access & Diversity Collaborative

Understanding Fisher v. the University of Texas (July 2013)
The College Board's Access & Diversity Collaborative

Preparing for the Fisher Decision: Are You Ready? (May 2013)
The College Board's Access & Diversity Collaborative

SCOTUSBlog on Fisher v. University of Texas at Austin

Amicus Brief

August 13, 2012

Amicus brief to the U.S. Supreme Court in the case Fisher v. University of Texas, which deals with the university's admissions policy.

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Amicus Brief

August 13, 2012

Amicus Brief to the U.S. Supreme Court: Fisher v. University of Texas

Amicus Brief

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.

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Amicus Brief

October 30, 2015

Amicus Brief to the U.S. Supreme Court: Fisher v. University of Texas (II)

Select Op-Eds & Editorials

High and Long-Term Stakes
Inside Higher Ed (Dec. 9, 2015)
What may be hanging in the balance of the U.S. Supreme Court's ruling on Fisher is the ability of colleges to ensure a racially diverse student body and, just as critically, to build a diverse faculty, argue ACE’s Peter McDonough and Lorelle L. Espinosa.

The Legal Future of Affirmative Action (Rod Smolla, president of Furman University)
Inside Higher Ed (June 27, 2013)

A Long, Slow Drift From Racial Justice (Lee Bollinger, president of Columbia University)
The New York Times (June 24, 2013)

Affirmative Action Ruling a Victory for Future (Sherrilyn Ifill, president of the NAACP Legal Defense and Educational Fund)
USA Today (June 24, 2013)

Judicial Minimalism Triumphs in Affirmative Action Case (Cass R. Sunstein, professor at Harvard Law School)
Bloomberg (June 24, 2013)

Grutter v. Bollinger and Gratz v. Bollinger (2003)

Women in Leadership and Their Well-Being

How do women campus leaders maintain a healthy work-life balance when they are required to have constant availability? Join us on October 5 for a dialogue on women in higher ed leadership and their well-being.

DACA Struck Down Again, but Protections Remain for Young Recipients

In a disappointing though widely expected move, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas has ruled that the DACA program is unlawful, rejecting an effort to bolster the policy from the Biden administration.

Higher Ed Stakeholders Begin Work to Address Equity and Parity in College Presidency

The population of current presidents throughout U.S. higher education is still not representative of the students served.

New Resources Help Higher Ed Sector Diversify the Presidency

A new infographic and brief on gender disparities in the college presidency, particularly women of color, highlight the continued need to examine women’s educational and professional pathways and their experiences in efforts to diversify the presidency.

Biden’s Loan Forgiveness Program Fails Supreme Court Test. What Now?

Hosts Jon Fansmith and Sarah Spreitzer are once again joined by NASFAA president Justin Draeger to talk about financial aid in the wake of the Supreme Court's decisions striking down race-conscious admissions and student loan forgiveness.

ACE Issue Brief Explores Implications of Supreme Court Race in Admissions Ruling

In the immediate aftermath of the Supreme Court’s race in admissions ruling, a panel of experts offers reflections in a new issue brief about the challenges and implications that colleges and universities and their students will face in the coming months.

dotEDU Live: The Supreme Court’s Ruling on Race and Admissions

Madelyn Wessel and Peter McDonough join Mushtaq Gunja to offer initial thoughts about the ruling and potential implications while considering what all of this means for the future of diversity, access, and opportunity on campus and beyond.

Supreme Court Strikes Down Race in Admissions Policies

The U.S. Supreme Court Thursday tossed aside more than four decades of precedent that has allowed colleges and universities to pursue the critical interest of a diverse student body through the consideration of race and ethnicity in admissions.

Students for Fair Admissions v. Harvard in the Lower Courts

The U.S. Court of Appeals for the First Circuit in Boston ruled on Nov. 12, 2020, that Harvard does not discriminate against Asian-American applicants, reaffirming the importance of race-conscious admissions in helping construct diverse campuses.

Statement by ACE President Ted Mitchell on the Supreme Court's Race in Admissions Ruling

In a 6-3 ruling, the Supreme Court has tossed aside more than four decades of precedent that has allowed colleges and universities to pursue the critical interest of a diverse student body.

Renaissance: The Role of Succession Planning in Diversifying the American College Presidency

Ashley L. Gray writes that it’s time to reimagine the current pipeline to the presidency and eliminate the pitfalls historically marginalized people face.

Creating Emotionally Supportive Spaces Through Shared Equity Leadership

Hear reflections on Emotional Labor in Shared Equity Leadership Environments: Creating Emotionally Supportive Spaces. Learn about emotional labor when diversity, equity, and inclusion leadership is broadly distributed.

New Report on Supporting the Emotions of Equity Leaders and Beyond

In a new brief, researchers explore how the impact of emotional labor on college and university leaders can be lessened when responsibility for DEI leadership is broadly distributed and shared across multiple campus stakeholders.

New ACE Brief, Search Tool Outline Effective Mentoring Programs and Practices for Graduate Education

For students of color and other historically minoritized students, mentoring has been shown to be especially promising in encouraging their pursuit of graduate education, according to a new brief published by ACE.

Diversifying the College Presidency Is Essential

Recorded live at the American Council on Education’s recent annual meeting, this episode features Bill Pink and Leslie Gonzales in a conversation about how we can continue to diversify the presidency and why it’s essential.

Celebrate College Signing Day 2023

College Signing Day 2023 is underway, featuring events that began in late April and continue this month as high schools, higher education institutions and communities nationwide celebrate students committed to pursuing an education past high school.

Where Are All the Women College Presidents?

Recorded live at ACE2023, this is the first of two episodes unpacking results from ACE’s new report, The American College President: 2023 Edition.

University of Minnesota Sustains Endangered Indigenous Languages Through Immersion Housing

When deciding where to live, University of Minnesota Twin Cities (UMN) students can opt for housing where they will speak primarily in a Native American language.

Preparing for the Supreme Court’s Race in Admissions Ruling

As higher education institutions wait for the U.S. Supreme Court to release its decision on two race in admissions cases, ACE is sharing a transcript of the session held at ACE2023 that was aimed at helping campus leaders prepare for the cases’ outcome.

Transcript: Contingency Planning and Prep for a Post–Supreme Court Decision Landscape

Transcript to the ACE2023 session on preparing for the upcoming U.S. Supreme Court decisions on the use of race in college admissions.

ACE Honors Central Washington University’s Anderson Parks With 2023 Reginald Wilson Diversity Leadership Award

Named in honor of Reginald Wilson, senior scholar emeritus at ACE and founding director of ACE’s Office of Minority Concerns, the award is presented annually to an individual who has demonstrated sustained commitment to diversity in higher education.

Affirmative Action in Higher Education After Grutter v. Bollinger and Gratz v. Bollinger

A 2003 letter from then-ACE President David Ward on affirmative action in higher education after Grutter v. Bollinger and Gratz v. Bollinger

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Amicus Brief to the U.S. Supreme Court: University of Michigan Admissions Cases

Amicus brief to the Supreme Court in support of the University of Michigan in the 2003 cases Grutter v. Bollinger and Gratz v. Bollinger.

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Statement of Higher Education Associations on Affirmative Action Cases

The higher education community welcomes the United States Supreme Court’s grant of certiorari in Grutter v. Bollinger and Gratz v. Bollinger, cases addressing race-conscious admissions at the University of Michigan.