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The Supreme Court will not make a decision on the affirmative action case of Fisher v. University of Texas instead it will send the case back to the lower court.
In a 7-1 decision, with Justice Elena Kagan recused, the Justices voted not to hear the case of Abigail Fisher who was rejected by the University of Texas in 2008 allegedly because she was white. If the highest court would of agreed with her it could of authored the end to affirmative action programs.
The affirmative action programs provide some quantifiable advantage to applicants from underrepresented minorities. At issue before the court was whether Fisher’s “equal protection” under the 14th amendment was violated by the university’s consideration of the race of some of its applicants.
Typically when cases are sent back to a federal court for review it means that the case before it was incomplete. Justice Anthony Kennedy wrote that a university could not be held to a “demanding burden of strict scrutiny.” In essences the justices ordered a new hearing using a different legal standard.
Meanwhile a recent poll by NBC News and the Wall Street Journal shows record low support for the continuation of affirmative action.
According to university statistics more than 8 in 10 Latino and African-American students who enrolled at the University of Texas in Austin are automatically admitted constituting slightly more than 25 percent of the incoming freshmen class.