The application of Fisher proves challenging for universities

If you’re like us and wondered just how universities were supposed to apply the decision in the affirmative action case Fisher v. the University of Texas-Austinthis is one of the first stories, from a university, demonstrating the challenges placed upon admissions offices.   Using race as one of several factors only if it serves a “compelling government interest”, and not before race-neutral admissions practices were tried first, is the standard expected of public universities post Fisher.  But proving the former was legally necessary and due diligence was done in achieving the latter is a challenge risk-averse public institutions like colleges seem wary of experimenting with to find that so-called “sweet spot.”  Time and undoubtedly future litigation will likely reveal where that middle ground is (As if it’ll be a one-size-fits-all ground that could apply to all colleges in the nation) or, the SC will have to eventually be forced to articulate it.  Stay tuned.

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