After 'Fisher': Academic Review and Judicial Scrutiny

This article describes the outcomes of the case "Fisher v. University of Texas at Austin," in which the plaintiff had accused the University of Texas (UT) of racial discrimination in the admission process. The author believes that the ruling of the court in this case makes it harder to hide race-based measures used in college admissions. The article examines the post "Fisher" options open to college and university faculty who wish to limit campus use of racial preferences. It also provides practical ways for academics and others to challenge affirmative action on campus based on the above-mentioned case. Specifically, these are presented in four steps: (1) Read the "Fisher" decision; (2) Determine what use of racial classifications currently exists on a campus; (3) Request copies of the documents supporting compelling interest and narrow tailoring basis for race-based campus policies; and (4) Create an appropriate public discussion of race-preferential policies.