Affirmative Action Supreme Court: Expected to Be Back Again In a Few Years


This is not the last you've heard about Fisher v. University of Texas. On Monday, the Supreme Court did not actually decide on the case, but remanded the lower court. This means that Fisher v. University of Texas will be sent back to the US District Court that ruled against Fisher in 2009. They found that the University of Texas' AA policies were protected by the Supreme Court's 2003 affirmative action ruling: Grutter v. Bollinger.

Some believe though that the Court's remand instructions are leaning in favor of the plaintiff, Fisher. Nevertheless, until Fisher v. University of Texas is re-argued, Grutter v. Bollinger is still the law of the land. This means that universities are allowed to give students of color preference during the admission's process because their admission favors "underrepresented minority groups."

But even the lower court's decision will not close the case. It is very likely that after the lower court reconsiders Affirmative Action, the case will be sent right back up to the Supreme Court. 

The Court is set to release more decisions tomorrow morning.