The Supreme Court on Monday stepped back from the brink of calling for an end to affirmative action programs, returning to a lower court the dispute over a race-conscious admissions program at the University of Texas.
Justice Anthony Kennedy, writing for a 7-1 majority in Fisher v. University of Texas at Austin, said that on remand, the U.S. Court of Appeals for the Fifth Circuit must apply "strict scrutiny" to the question whether the University of Texas "has offered sufficient evidence that would prove that its admissions program is narrowly tailored to obtain the educational benefits of diversity." Kennedy said that in its first review of the Texas program, the circuit gave too much deference to the university.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
