On Monday, June 29th, the U.S. Supreme Court announced it will reconsider Fisher v. University of Texas. This follows a 2013 hearing of this case in which Abigail Fisher filed suit that the institution improperly applied its affirmative action policy to admit students. At that time, the Supreme Court remanded the case to the Fifth Circuit Court of Appeals, directing the court to apply a stricter level of scrutiny to determine whether the institution's use of affirmative action was consistent with legal precedent that bars the use of quota-based admissions policies to achieve a diverse student body. Further, the Fifth Circuit was asked to determine whether no workable alternative to the institution's use of affirmative action could have been used instead.
After being handed the case by the Supreme Court, the Fifth Circuit Court upheld the University of Texas' use of affirmative action. In the present case, the Supreme Court will decide whether affirmative action can be used in the admission process. The forthcoming outcome could have broad implications on the use of these policies to admit students at institutions across the United States.