Resources Related to Fisher v. University of Texas at Austin
This case reexamines the Supreme Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, with regards to University of Texas at Austin’s use of race in undergraduate admissions decisions.
Briefs, Statements and Other Resources about the case by the Civil Rights Project
- Brief of 823 Social Scientists as Amici Curiae in Support of Respondents (2015)
When the Supreme Court decided to take the University of Texas affirmative action case for a second time, this 2nd friend-of-the-court brief was submitted to the Supreme Court on October 30, 2015, to present evidence on the need to maintain colleges’ rights to consider race as one of many factors in selecting students.
- Brief of American Social Science Researchers (2012)
The Supreme Court must decide two central constitutional questions in reaching its ruling, both of which can be addressed by research. This brief focuses on evidence from across the country relating to the University’s consideration of race, as one of many factors in evaluating applicants, and as an essential tool to producing a diverse and integrated educational community. It shows that the University and other institutions would lose educationally critical diversity without such policies given the inequality of opportunity in America’s unequal schools and communities. It was filed by the Civil Rights Project on August 9, 2012. A list of Resource Materials for the Brief of American Social Science Researchers contains links to works cited in this document.
- Statement on the Development of the Brief of American Social Science Researchers in Fisher v. University of Texas (August 9, 2013) by CRP co-director Gary Orfield
"The creation of this Brief of American Social Scientists was a truly collaborative effort among scholars from around the county, who are experts in the field of affirmative action and college access."
- Statement of Nation’s Leading Constitutional Law Scholars on U.S. Supreme Court’s Ruling (2013)
This statement of scholars is an independent assessment of the ruling in Fisher v. University of Texas, at Austin, announced June 24, 2013 by the U.S. Supreme Court. The statement hails the reaffirmation of the precedents of the last 35 years supporting affirmative action, and concludes that there is no reason for colleges to abandon their programs. The statement also advises universities that they will need to provide ongoing documentation of the reasons for their plan and that their consideration of race is carried out to the degree necessary to achieve diversity. This statement can be of great assistance to college leaders and college communities across the nation.
-
The Research Basis for Affirmative Action: A Statement by Leading Researchers (2013)
The following is a brief summary of major research findings to help university leaders and communities formulate plans and justifications that both satisfy the legal requisites and have a firm grounding in research.
Related Research by CRP and partners
-
After Fisher: What the Supreme Court's Ruling: Means for Students, Colleges, and the Country (2016)
A press briefing organized by the American Educational Research Association took place on June 28, 2016 at the National Press Club in Washington, D.C. The briefing featured a panel of five experts, including Gary Orfield, Theodore M. Shaw, Stella M. Flores, Liliana M. Garces, and Angelo N. Ancheta. The purpose was to address the implications of the decision for ensuring quality education for all students and graduates capable of contributing to the demands of a 21st-century workplace. Issues discussed included next steps in university admissions, best practices for colleges and universities, and potential programs in light of the scientific evidence on the educational benefits of student diversity and the importance of taking race into account. A video of the briefing can be found here.
- Strengthening Campus Diversity: How Do We Address This Important Issue? (2016)
A collaboration between the Civil Rights Project and the Educational Testing Service resulted in four issue briefs that discuss how college campuses can attempt to maintain and expand diversity within a legal framework. The four briefs are:- "Two Decades After the Affirmative Action Ban: Evaluating the University of California’s Race-Neutral Efforts," by William C. Kidder (UC Riverside) and Patricia Gándara (UCLA, CRP Co-director).
- "Can Socioeconomic Status Substitute for Race in Affirmative Action College Admissions Policies? Evidence From a Simulation Model," by Sean F. Reardon (Stanford University), Rachel Baker (UC Riverside), Matt Kasman (Brookings Institution), Daniel Klasik (George Washington University), and Joseph B. Townsend (Stanford University).
- "Texas Top Ten Percent Plan: How It Works, What Are Its Limits, and Recommendations to Consider," by Stella M. Flores (New York University) and Catherine L. Horn (University of Houston).
- "The Promise and Peril for Universities Using Correlates of Race in Admissions in Response to the Grutter and Fisher Decisions," by Mark Long (University of Washington).
- California: A Case Study in the Loss of Affirmative Action (2012) by Patricia Gándara
- The Impact of Affirmative Action Bans in Graduate Education (2012) by Liliana Garces
- The Salience of Racial Isolation: African Americans’ and Latinos’ Perceptions of Climate and Enrollment Choices with and without Proposition 209 (2012) by William C. Kidder with a foreword by Gary Orfield
- VIDEO from a press briefing (2013) at the National Press Club in Washington, D.C., featuring CRP co-director and researchers, is available.
-
Webinar: "After the Supreme Court Affirmative Action Ruling: Does Your Campus Need to Take Action?" is a December 2013 presentation by the Civil Rights Project and geared for use by university counsel, admissions officers, researchers and faculty. The panel of experts includes James Ryan, dean, Harvard Graduate School of Education; Rachel Moran, dean, UCLA School of Law; Catherine Horn, associate professor, University of Houston, and Gary Orfield, professor and co-director, UCLA Civil Rights Project, who moderated the panel.
Background
- Fisher v. University of Texas (Docket No. 11-345) is a case before the United States Supreme Court concerning the affirmative action admissions policy of the University of Texas at Austin. The case, brought by an undergraduate student in 2008, challenges the admissions policy of the University and the precedent established in Grutter v. Bollinger, a 2003 case in which the Supreme Court ruled that race could play a limited role in the admissions policies of universities. This case challenges many affirmative action policies in admissions at U.S. public universities, policies that CRP research has shown are helpful and necessary.
Other Case Documents and Resources
- American Education Research Association submitted a Friend-of-the-Court brief and hosts other resources for Fisher v University of Texas at Austin.
- Brief of the Sweatt Family as Amicus Curiae in Support of Respondents: The daughter and nephews of Heman Marion Sweatt, a man refused entry to the University in 1946 solely because of his race, relate his story to the ongoing history of segregation in education.
- Brief Filed on Behalf of Experimental Psychologists: UCLA law professor Jerry Kang and his team filed an amicus brief on behalf of experimental psychologists in the Fisher v. Univ. of Texas case. It discusses the phenomenon of stereotype threat.
- The Office of The Vice President for Legal Affairs at the University of Texas at Austin has posted a number of documents related to the case, including a Brief for Respondents, posted August 6, 2012.
- The Supreme Court of the Unites States Blog maintains a number of filings and documents related to Fisher v. University of Texas at Austin.
- AUDIO of the arguments before the Supreme Court on 10 October, 2012 are posted on the Court's website.
- Transcripts of the arguments are posted as well.
- The National Center for Institutional Diversity at the University of Michigan sponsored a panel on October 18, 2012. VIDEO of the panel is available on the CRP's YouTube channel. VIDEO of the entire proceeding, "The Supreme Court and Affirmative Action in the 21st Century: Michigan, Texas, and Beyond" can be found here.
News
- Liptak, Adam. "Justices Take Up Race as a Factor in College Entry." The New York Times. 21 Feb 2012. Available at http://www.nytimes.com/2012/02/22/us/justices-to-hear-case-on-affirmative-action-in-higher-education.html?ref=education.
- Kidder, William. "Diversity Makes a Difference in Higher Learning." The San Diego Union-Tribune. 10 October 2012. Available at http://www.utsandiego.com/news/2012/oct/10/diversity-makes-a-difference-in-higher-learning/.
- Khadaroo, S.T. "Supreme Court: If Affirmative Action Is Banned, What Happens at Colleges?" The Christian Science Monitor. 9 October 2012. Available at http://www.csmonitor.com/USA/Education/2012/1009/Supreme-Court-If-affirmative-action-is-banned-what-happens-at-colleges.
- Schoof, Renee. "Colleges Will Be Watching the Supreme Court This Week." Star-Telegram. 7 October 2012. Available at http://www.star-telegram.com/2012/10/07/4318449/colleges-will-be-watching-the.html.
