NAS Joins New Amicus Brief in Fisher Case

Glenn Ricketts

Last June, the United States Supreme Court agreed to rehear the case of Fisher v. University of Texas, and NAS had joined with the Pacific Legal Foundation and several other organizations in submitting a brief amicus curiae urging the Court to grant certiorari.  In 2013, the case had been remanded to the Fifth Circuit Court of Appeals, which was directed to re-examine the university’s insistence that its race-based admissions policies did not conflict with the Equal Protection Clause of the 14th amendment to the Constitution, consistent with the standard of “strict scrutiny.”  The lower court once again upheld the university, and the case is now in the Supreme Court’s docket for the approaching October term.  

 Accordingly, we’ve signed on in a new brief submitted by PLF this month urging the Court to overturn the university’s admissions policies, which we believe are flatly unconstitutional.  Joining us as co-signers are some long-time friends and allies who have steadfastly opposed the use of racial preferences:  the Center for Equal Opportunity (CEO), the Reason Foundation, the American Civil Rights Institute, the  Individual Rights Foundation,  and Project 21. As we noted here in June, it’s impossible to anticipate how the Court will finally dispose of the case.   Justice Elena Kagan’s expected recusal could produce a 4-4 split, in which case the lower court’s verdict would stand.  Our continued hope is that a majority will finally and forcefully conclude that race-based admissions policies, so widely used in academe, are discriminatory, unfair and unconstitutional.  We’ll have that answer by next June.

 

 

Image: The present U.S. Supreme Court building by Abhijitsathe / CC BY

  • Share

Most Commented

June 13, 2022

1.

Regime Change: Repelling the DEI Assault on Higher Education

The last few decades have seen a total transformation of higher education's mission in American society. What was once an institution that encouraged innovation, built character, and sou......

May 12, 2022

2.

Mornin’ Ralph, Mornin’ Sam in Anthropology Today

Professor Lowrey recounts her latest encounter with academic cancel culture, this time with an acceptance-turned-rejection at Anthropology Today....

May 31, 2022

3.

Can America’s Colleges and Universities Be Saved?

We urge American citizens and policymakers to reform our higher education system while there is still time....

Most Read

June 13, 2022

1.

Regime Change: Repelling the DEI Assault on Higher Education

The last few decades have seen a total transformation of higher education's mission in American society. What was once an institution that encouraged innovation, built character, and sou......

May 15, 2015

2.

Where Did We Get the Idea That Only White People Can Be Racist?

A look at the double standard that has arisen regarding racism, illustrated recently by the reaction to a black professor's biased comments on Twitter....

June 21, 2022

3.

Press Release: Confucius Institutes Rebrand to Circumvent U.S. Policy, Report Finds

A new report from the National Association of Scholars finds that colleges and universities continue to host Chinese-funded programs similar to Confucius Institutes under new names......