SCOTUS Punts on Changing Affirmative Action

Ken AshfordConstitution, Race, Supreme CourtLeave a Comment

Big week for SCOTUS this week, with most eyes awaiting the DOMA and Prop 8 decisions.  Nothing happened with those today.  The Court scheduled more opinions for tomorrow (although I suspect there will be one more day after tomorrow, and that's when we'll get the gay marriage cases).

Interest was also high on what the Court would do regarding affirmative action in college admissions.  That case was Fisher v. University of Texas at Austin. Many thought the Court would take the opportunity to re-examine its previous rulings defending the legality of affirmative action (taking diversitry into account for college admissions). This morning, they did not — the precedent remains intact.  They merely sent the case back down to the Seventh Circuit, and asked them to review the case under a "strict scrutiny" standard.  (No matter what the Seventh Circuit does, the case is likely to come back up to the Supremes).