The U.S. Supreme Court on Monday agreed to rehear a case challenging racial preferences in college admissions, setting the stage for a major decision that could end affirmative action next year.
In its last day in session for the 2014-2015 term, justices announced they would consider the case Fisher v. University of Texas next term, which challenges the school’s admission policies.
University of Texas has a law that grants automatic admission to state high school seniors in the top 10 percent of their graduating classes. For those who don’t make the top 10 percent, the school considers a variety of factors, including race. Abigail Fisher, a Caucasian female who did not finish in the top 10 percent and was rejected, sued, arguing that the racial preferences were unconstitutional under the Equal Protection Clause.
The case previously made it to the Supreme Court, but in a 7-1 majority decision released in 2013, justices didn’t reach the merits of the case. Instead, they sent it back to the appellate court with guidance, determining that the lower court didn’t apply the right standard of analysis. Justice Elena Kagan recused herself from the case the first time around because she was involved in the suit when she served as President Obama’s solicitor general, and would therefore presumably do so again.
In 2003, the Supreme Court ruled in the case Gutter v. Bollinger, concerning University of Michigan’s affirmative action program, that racial preferences could be used within certain limitations. Writing for the majority, Justice Sandra Day O’Connor left the door open to the Supreme Court revisiting the matter, noting, “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”
Current Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas were on the dissenting side of that opinion, and argued that the University of Michigan Law School’s means of racial preferences “are forbidden by the Equal Protection Clause of the Constitution.” Since the decision was made, Chief Justice John Roberts and Justice Sam Alito joined the Court.
Fisher promises to be one of the major cases to watch when the Court reconvenes for the 2015-16 term.
