On October 10, 2012, the U.S. Supreme Court will hear arguments for Fisher v. University of Texas. The petitioner, Abigail Fisher, a white student, challenges the university's consideration of race in the undergraduate admissions process. Fisher, who was denied admission to UT Austin in Fall 2008, argues that UT's use of race in admissions decisions violates her right to equal protection under the Fourteenth Amendment.

After the Fifth Circuit's Hopwood v. Texas decision in 1996, UT's race-conscious admissions ceased. In response, the Texas Legislature adopted the Top 10 Percent Law. Under this law, which affected admissions cycles beginning in 1997, seniors in the top 10 percent of their high school class are guaranteed admission to any Texas state university. The primary objective of the law is to draw in the best students from each Texas school, including students from predominantly black or hispanic areas, in order to achieve higher levels of diversity.

Following the Supreme Court upholding a race-conscious admissions program at the University of Michigan Law School in Grutter v. Bollinger in 2003, UT then reinstated a consideration of race in admissions decisions for those who don't fall within the Top 10 Percent Law.

The question presented is whether the Supreme Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter, permit UT's use of race in undergraduate admissions decisions. Fisher claims that either this use of race does not fall into the constitutional parameters of Grutter or that Grutter must be overturned.

Oral argument before the Supreme Court is set for October 10, 2012. Justice Kagan has recused herself from the case because of her participation as solicitor general when the case was before the court of appeals.

See Fisher v. University of Texas, 631 F.3d 213 (5th Cir. 2011).

Richard Wolf, "Supreme Court to Make Crucial Rulings on Race," USA Today, May 9, 2013.

Joan Biskupic, "Court May Limit Use of Race in College Admission Decisions," Chicago Tribune, April 28, 2013.

"Unequal Protection," The Economist, April 27, 2013.

The Daily Texan Editorial Board, "Holistic Review Attracts Top Students," The Daily Texan, April 22, 2013.

The Daily Texan Editorial Board, "Facing Fisher, UT Needs a Contigency Plan," The Daily Texan, April 7, 2013.

Joshua Fechter, "Lawmakers Prepare for Ramifications of Fisher Case on UT Admissions," The Daily Texan, April 4, 2013.

Nikole Hannah-Jones, "A Colorblind Constitution: What Abigail Fisher's Affirmative Action Case is Really About," ProPublica, March 18, 2013.

David Leonhardt, "The Liberals Against Affirmative Action," The New York Times, March 9, 2013.

Matthew M. Chingos, "Are Minority Students Harmed by Affirmative Action," Brookings Institute Brown Center Chalkboard, March 7, 2013.

Krissah Thompson, "Edward Blum defies odds in getting cases to Supreme Court," The Washington Post, February 26, 2013.

Dawinder S. Sidhu, "A Critical Look at the 'Critical Mass' Argument," The Chronicle of Higher Education, February 18, 2013.

Yvette D. Clarke, "State of Equality and Justice in America: Another Side of the Debate on Affirmative Action," The Washington Post, January 25, 2013.

Gail Heriot, "The Sad Irony of Affirmative Action," National Affairs, Winter 2013.

Joan Biskupic, "Special Report: Behind U.S. Race Cases, a Little-Known Recruiter," Reuters, December 4, 2012.

Cindy Casares, "Fisher v. University of Texas: Have We Reached Critical Mass," Texas Observer, November 8, 2012.

Richard D. Kahlenberg, "Why Not an Income-Based Affirmative Action?," The Washington Post, November 8, 2012.

Ethan Bronner, "Asian-Americans in the Argument," The New York Times, November 1, 2012.

Reeve Hamilton, "UT Case Could Force Another Look at Top Ten Percent," The Texas Tribune, October 26, 2012.

Lino Graglia, "Race Based College Admissions a Bad Idea," The Austin American-Statesman, October 14, 2012.

David Leonhardt, "Rethinking Affirmative Action," The New York Times, October 13, 2012.

Richard Sander and Stuart Taylor, Jr., "The Unraveling of Affirmative Action," The Wall Street Journal, October 13, 2012.

Jason L. Riley, "Roberts and the Left," The Wall Street Journal, October 12, 2012.

Adam Liptak, "Justices Weigh Race as Factor at Universities, The New York Times, October 10, 2012.

Ralph K.M. Haurwitz, "Supreme Court Grills UT, Plaintiff On Use of Race in Admissions," October 10, 2012.

Seth Cline, "Sharp Questioning by Supreme Court Justices in Affirmative Action Case, "US News & World Report," October 10, 2012.

Richard D. Kahlenberg, "A Liberal Critique of Racial Preferences, The Wall Street Journal, October 10, 2012.

Bill Powers, "An Admissions Policy That Prizes Diversity," The Wall Street Journal, October 10, 2012. 

Ben Wolfgang, "High Court to Again Consider Racial Quotas," The Washington Times, October 9, 2012.

Lee C. Bollinger and Claude M. Steele, "A High-Stakes Battle For Higher Education," The Los Angeles Times, October 9, 2012.

Lana Guinier and Penda D. Hair, "UT History Matters in Affirmative Action Case," The Root, October 8, 2012.

Mike Tolson, "Supreme Court to Take Up UT Admission Case," Houston Chronicle, October 7, 2012.

Robert Barnes, "Supreme Court Receives Outpouring of Conflicting Views on Affirmative Action," The Washington Post, October 7, 2012.

Ralph K.M. Haurwitz, "High Court to Hear Argument's on UT's Consideration of Race in Admissions," The Austin American-Statesman, October 6, 2012.

Lincoln Kaplan, "Colleges Value Diversity, but Will the Court?," The New York Times, October 6, 2012.

Lino A. Graglia, "Guest Column: Race Has No Place in College Admissions," The Texas Tribune, October 5, 2012.

Megan Strickland, "UT Works to Diversify Enrollment in Face of Legal Battle," The Daily Texan, October 5, 2012.

Martha L. Minow and Robert C. Post, "Why Race Matters in School Admissions," The Washington Post, October 5, 2012.

Ben Wieder, "Affirmative Action Gets a Hearing," Stateline, October 5, 2012.

Complete List of News Articles

UT Legal Affairs Fisher Page

SCOTUSBlog Fisher Page

SCOTUSBlog Fisher Symposium

U.S. Supreme Court

Oral Argument Transcript

Oral Argument Audio

Oral Argument Transcript and Audio

Condensed Merits Oral Argument Audio (27 mins)