For several years, the United States legal system has been dealing with a lawsuit filed by Abigail Fisher against the University of Texas (What You Need to Know, 2013). The lawsuit centers on whether and how race can be used in college admissions decisions. Abigail Fisher, a white student who applied to the University of Texas filed a lawsuit after she was denied admission. Abigail Fisher believes she was unlawfully discriminated against because she was among a group of applicants whose applications were reviewed using criteria that gave particular consideration to black and Hispanic applicants. According to the University of Texas, automatic entry is not granted to any student unless they graduated in the top ten of their class, which Abigail Fisher did not. Abigail Fisher claims that the University of Texas did not use admissions policies that deemphasized race in their decisions to accept or reject an applicant (What You Need to Know, 2013). Ms. Fisher filed the lawsuit alleging that she believes the University of Texas violated the limits on racial admissions policies established by the Supreme Court in Grutter v. Bollinger in 2003. The case Grutter v. Bollinger covered policy at the University of Michigan Law School. The Supreme Court ultimately concluded that universities seeking to promote diversity must give “serious good faith consideration” to race-neutral alternatives to affirmative action preferences. Fisher believes the University of Texas's 10% plan has produced enough diversity on campus that it is not necessary to give any extra consideration to applicants based on race. The Court has become more conservative and more hostile to racial preferences (What You Need to Know, 2013). This explains why the case has become such a long process as the future admissions of college students are at stake. In June of this year, the U.S. Supreme Court decided to send the case back to the Fifth Circuit Court of Appeals because it found that the Fifth Court had not applied the strictest scrutiny to the University of Texas' admissions policies ( McGee, 2013). On average, most students admitted to the University of Texas are admitted based on whether they are in the top ten percent of their graduating class, there are some students who receive admission based on what the university calls a "holistic review" (McGee, 2013).
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