Supreme Court Sets Oral Argument in Higher Ed Affirmative Action Case
The Supreme Court has scheduled oral argument in Fisher v. University of Texas at Austin for Wednesday, October 10, 2012. As you will recall, the issue in the case is whether the Supreme Court's prior decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions. Ms. Fischer has sued UT, contending that its undergraduate admissions process impermissibly used race when considering her application for admission in 2008. The trial court dismissed her claim, and the United States Court of Appeals for the Fifth Circuit affirmed the district court's judgment and denied en banc review 9-7. The Supreme Court granted Fisher's petition for a writ of certiorari on February 12, 2012. Fisher filed her brief on the merits on May 21, 2012. UT must file its merits brief by August 6, 2012.