Fisher v. University of Texas at Austin
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-345 | 5th Cir. | Oct 10, 2012 | Jun 24, 2013 | 7-1 | Kennedy | OT 2012 |
Holding: Because the lower court did not hold the university to the demanding burden of strict scrutiny articulated in Grutter v. Bollinger, and Regents of the University of California v. Bakke, its decision affirming the district court"s grant of summary judgment was incorrect.
Judgment: Vacated and remanded, 7-1, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion. Justice Scalia and Justice Thomas filed concurring opinions.
SCOTUSblog Coverage
- U.S. newly defends race as college plus factor (Lyle Denniston, November 3, 2013)
- Next round in Fisher case (Lyle Denniston, September 12, 2013)
- Texas college case moves ahead (UPDATED) (Lyle Denniston, July 24, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench (Stephen Wermiel, July 2, 2013)
- Commentary: Hispanics and affirmative action in state universities after Fisher (David Bernstein, June 25, 2013)
- Fisher Commentary: Everyone wins, everyone loses (Melissa Hart, June 25, 2013)
- Commentary on Fisher: If you (the Court) choose not to decide, you have still made a choice (at least for now) (Vik Amar, June 25, 2013)
- Commentary: Fishers big news: No big news (Olatunde Johnson, June 25, 2013)
- Commentary on Fisher: In with a bang, out with a fizzle (Elise Boddie, June 25, 2013)
- Commentary on Fisher: A classic Kennedy compromise (Richard Sander, June 24, 2013)
- The "view" from the Court: June 24, 2013 (Mark Walsh, June 24, 2013)
- Finally! The Fisher decision in Plain English (Amy Howe, June 24, 2013)
- Opinion recap: More rigorous race review (Lyle Denniston, June 24, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Affirmative action in Texas and Michigan (Stephen Wermiel, May 1, 2013)
- All hat, no cattle? Mismatch and Fisher v. University of Texas at Austin (Richard Lempert, William Kidder, and Felice Levine, November 5, 2012)
- Ask the author: Richard Sander and Stuart Taylor, Jr. on Mismatch (Kali Borkoski, October 16, 2012)
- Commentary on Fisher: The importance of diversity within diversity (Elise Boddie, October 11, 2012)
- The Chief Justice at oral argument in Fisher (Tejinder Singh, October 11, 2012)
- The Fisher argument in Plain English (Amy Howe, October 10, 2012)
- Post-Fisher argument pictures (Kali Borkoski, October 10, 2012)
- Argument recap: Will Grutter be reshaped? (FINAL UPDATE) (Lyle Denniston, October 10, 2012)
- Argument preview: Is affirmative action about to end? (Lyle Denniston, October 9, 2012)
- College admissions case: Made simple (Lyle Denniston, August 30, 2012)
- Online symposium: Fisher v. University of Texas at Austin (Kali Borkoski, August 28, 2012)
- Original constitutional source materials for the Fisher affirmative action case (Tom Goldstein, August 20, 2012)
- Government backs U. Texas on use of race (Lyle Denniston, August 13, 2012)
- Affirmative action review due next Term (UPDATED) (Lyle Denniston, February 21, 2012)
- Texas challenges race case (Lyle Denniston, December 8, 2011)
- Affirmative action case develops (Lyle Denniston, November 1, 2011)
- SCOTUS for law students: Barbara Grutter, meet Abigail Fisher (Stephen Wermiel, October 11, 2011)
- UPDATED: New test of college affirmative action (Lyle Denniston, September 16, 2011)
| Date | Proceedings and Orders |
|---|---|
| 09/15/2011 | Petition for a writ of certiorari filed. (Response due October 19, 2011) |
| 09/27/2011 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 10/12/2011 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 10/19/2011 | Brief amici curiae of Gail Heriot, Peter Kirsanow, and Todd Gaziano, Commissioners filed. |
| 10/19/2011 | Brief amici curiae of California Association of Scholars,et al. filed. |
| 10/19/2011 | Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed. |
| 10/19/2011 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 10/19/2011 | Brief amicus curiae of Asian American Legal Foundation filed. |
| 10/19/2011 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 10/31/2011 | DISTRIBUTED for Conference of November 22, 2011. |
| 10/31/2011 | Response Requested . (Due November 30, 2011) |
| 11/08/2011 | Order extending time to file response to petition to and including December 7, 2011. |
| 12/07/2011 | Brief of respondents University of Texas at Austin, et al. in opposition filed. |
| 12/20/2011 | Reply of petitioner Abigail Noel Fisher filed. |
| 12/21/2011 | DISTRIBUTED for Conference of January 13, 2012. |
| 01/17/2012 | DISTRIBUTED for Conference of January 20, 2012. |
| 02/03/2012 | DISTRIBUTED for Conference of February 17, 2012. |
| 02/21/2012 | Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. |
| 02/22/2012 | Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 03/12/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2012. |
| 03/12/2012 | The time to file respondents' brief on the merits is extended to and including August 6, 2012. |
| 05/01/2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner. |
| 05/16/2012 | Brief amicus curiae of Texas Association of Scholars filed. |
| 05/21/2012 | Joint appendix filed (with Supplemental volume). (Statement of costs filed) |
| 05/21/2012 | Brief of petitioner Abigail Noel Fisher filed. |
| 05/24/2012 | Brief amicus curiae of Center for Individual Rights filed. |
| 05/25/2012 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 05/25/2012 | Brief amicus curiae of The Honorable Allen B. West, Member of Congress and Lieutenant Colonel, United States Army (Ret.) filed. |
| 05/29/2012 | Brief amici curiae of California Association of Scholars, et al. filed. |
| 05/29/2012 | Brief amici curiae of Louis D.Brandeis Center for Human Rights Under Law, et al. filed. |
| 05/29/2012 | Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed. |
| 05/29/2012 | Brief amicus curiae of Gail Heriot, et al. filed. |
| 05/29/2012 | Brief amici curiae of Judicial Watch, Inc., et al. filed. |
| 05/29/2012 | Brief amici curiae of Asian American Legal Foundation, et al. filed. |
| 05/29/2012 | Brief amicus curiae of American Civil Rights Union filed. |
| 05/29/2012 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 05/29/2012 | Brief amicus curiae of Equal Employment Advisory Council in support of neither party filed. |
| 05/29/2012 | Brief amici curiae of Abigail Thernstrom, et al. in support of neither party filed. |
| 05/29/2012 | Brief amicus curiae of Southeastern Legal Foundation, Inc. filed. |
| 05/29/2012 | Brief amicus curiae of Cato Institute filed. |
| 05/29/2012 | Brief amicus curiae of American Center for Law and Justice filed. |
| 05/29/2012 | Brief amici curiae of Scholars of Economics and Statistics filed. |
| 05/29/2012 | Brief amici curiae of Current and Former Federal Civil Rights Officials filed. |
| 07/13/2012 | CIRCULATED. |
| 07/23/2012 | SET FOR ARGUMENT ON Wednesday, October 10, 2012 |
| 08/01/2012 | Record received from U.S.C.A. for 5th Circuit. (1 box) |
| 08/02/2012 | Record received from U.S.D.C. for Western District of Texas. (1 box) |
| 08/06/2012 | Brief of respondents University of Texas at Austin, et al. filed. (Distributed) |
| 08/08/2012 | Brief amicus curiae of National Black Law Students Association filed. (Distributed) |
| 08/09/2012 | Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed) |
| 08/09/2012 | Brief amicus curiae of Harvard Graduate School of Education Students for Diversity filed. (Distributed) |
| 08/09/2012 | Brief amici curiae of American Association for Affirmative Action filed. (Distributed) |
| 08/09/2012 | Brief amici curiae of American Social Science Researchers filed. (Distributed) |
| 08/10/2012 | Brief amici curiae of Emory Outlaw and Emory Latin American law Students Association filed. (Distributed) |
| 08/10/2012 | Brief amicus curiae of Anti-Defamation League filed. (Distributed) |
| 08/10/2012 | Brief amici curiae of Amherst, et al. filed. (Distributed) |
| 08/10/2012 | Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed) |
| 08/10/2012 | Brief amici curiae of Fordham University, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Social and Organizational Psychologists filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of the United States filed. (Distributed) |
| 08/13/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/13/2012 | Brief amici curiae of Former Student Body Presidents of University of Texas at Austin filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of 38 Current Members of the Texas State Senate and House of Representatives filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Ruben Hinojosa, member of Congress, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Distinguished Alumni of the University of Texas at Austin filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of National Women's Law Center, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Law School Admission Council filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of National Latino Organizations filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Fortune-100 and other leading American businesses filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of 28 Undergraduate and Graduate Student Organizations within the University of California filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of New York, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Former Commissioners and General Counsel of the FCC, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Leading Public Research Universities filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Empirical Scholars filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of the Advancement Project filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of NAACP, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Teach for America, Inc. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of National League of Cities, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Houston Community College System filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of American Council on Education, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of American Educational Research Association, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Members of Asian American Center for Advancing Justice, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Council for Minority Affairs at Texas A&M, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Society of American Law Teachers filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of California Institute of Technology, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Small Business Owners and Associations filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of American Jewish Committee, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of American Psychological Association filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Brown University, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Applachian State University, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of President and Chancellors of the University of California filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of New York State Bar Association filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Coalition of Black Male Achievement Initiatives filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Association of American Law Schools filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Boston Bar Association, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Coalition to Defend Affirmative Action, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of College Board and the National School Boards Association, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of State of California filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Experimental Psychologists filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Dr. Robert D. Putnam filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of American Civil Liberties Union filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of David Boyle filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of United States Student Association filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Kimberly West -Faulcon filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of Family of Heman Sweatt filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Lt. Gen. Julius Becton, et al. filed. (Distributed) |
| 08/13/2012 | Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed) |
| 08/13/2012 | Brief amicus curiae of United Negro College Fund filed. (Distributed) |
| 09/05/2012 | Reply of petitioner Abigail Noel Fisher filed. (Distributed) |
| 09/25/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
| 10/10/2012 | Argued. For petitioner: Bert W. Rein, Washington, D. C. For respondents: Gregory G. Garre, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 10/11/2012 | Proposal from counsel for the respondents to lodge copies of the 2008 ApplyTexas Application for Admission and the Common Application for Admission. |
| 10/16/2012 | Lodging proposal of respondent approved. 20 copies of the 2008 ApplyTexas Application for Admission, and the Common Application for Admission received and distributed. |
| 06/24/2013 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., and Thomas, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case. |
| 07/26/2013 | JUDGMENT ISSUED. |
| 08/16/2013 | Record retuned to U.S.C.A. for 5th Circuit. |
| 08/16/2013 | Record returned to U.S.D.C. for Western District of Texas. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represented the American Association of Law Schools as an amicus in this case.
Holding: Because the lower court did not hold the university to the demanding burden of strict scrutiny articulated in Grutter v. Bollinger, and Regents of the University of California v. Bakke, its decision affirming the district court”s grant of summary judgment was incorrect.
Judgment: Vacated and remanded, 7-1, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion. Justice Scalia and Justice Thomas filed concurring opinions.
SCOTUSblog Coverage
- Next round in Fisher case
- Texas college case moves ahead (UPDATED)
- SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench
- Commentary: Hispanics and affirmative action in state universities after Fisher
- Fisher Commentary: Everyone wins, everyone loses
- Commentary on Fisher: If you (the Court) choose not to decide, you have still made a choice (at least for now)
- Commentary: Fisher“s big news: No big news
- Commentary on Fisher: In with a bang, out with a fizzle
- Commentary on Fisher: Better off than we were a year ago
- Commentary on Fisher: A classic Kennedy compromise
- The “view” from the Court: June 24, 2013
- Opinion recap: More rigorous race review
- Finally! The Fisher decision in Plain English
- SCOTUS for law students (sponsored by Bloomberg Law): Affirmative action in Texas and Michigan
- All hat, no cattle? Mismatch and Fisher v. University of Texas at Austin
- Ask the author: Richard Sander and Stuart Taylor, Jr. on Mismatch
- Commentary on Fisher: The importance of diversity within diversity
- The Chief Justice at oral argument in Fisher
- Commentary: Thoughts on the oral argument in Fisher v. University of Texas
- The Fisher argument in Plain English
- Argument recap: Will Grutter be reshaped? (FINAL UPDATE)
- Post-Fisher argument pictures
- Argument preview: Is affirmative action about to end?
- College admissions case: Made simple
- Online symposium: Fisher v. University of Texas at Austin
- Original constitutional source materials for the Fisher affirmative action case
- Government backs U. Texas on use of race
- This week”s grants: In Plain English
- Affirmative action review due next Term (UPDATED)
- Texas challenges race case
- Affirmative action case develops
- SCOTUS for law students: Barbara Grutter, meet Abigail Fisher
- UPDATED: New test of college affirmative action