Supreme Court Seems Poised To End Affirmative Action, But Watch For Procedural Dodge
December 11, 2015
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Notwithstanding a modest consensus that affirmative action is doomed after Wednesday's arguments in Fisher v. University of Texas at Austin, there are hints the Court might delay a substantive decision, dissatisfying all parties.
For background on the case, see Legal Insurrection's preview, here. The full transcript of Wednesday's oral arguments is here.
There were a number of tense and emotional moments both between the Justices and the parties' attorneys and among the Justices themselves. From the tenor of the questioning, it is likely the University of Texas's ("UT") admissions system will be struck down despite its minimal reliance on race, if the case is decided on its merits. If so, the result may explicitly or implicitly ban affirmative action on the basis of race in public university admissions.
But the Court, including presumptive deciding vote Justice Kennedy, repeatedly returned to procedural issues.