Supreme Court to Finally Scrutinize Racial Preferences?

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On May 21, the Supreme Court held a conference to discuss whether or not to accept the Fisher case—again. At this time, I don’t know the decision, but I do know that a seemingly strange mixture of liberals and conservatives want the Court to take the appeal.

The case first came before the Court in 2013, where the justices reversed the Fifth Circuit’s ruling in favor of the racial preferences used by the University of Texas (UT) in its admissions. Justice Kennedy’s opinion stressed that the lower court had been far too deferential towards the university’s policy of reserving some places just for students in certain racial and ethnic groups.

Instead of applying “strict scrutiny” as courts must do when they consider public policies that categorize people by race, the Fifth Circuit had just breezily accepted the university’s claims, Justice Kennedy observed. So the case was remanded to that court for a rehearing.
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