“Emphasis Added”, in “The Future of Affirmative Action: New Paths to Higher Education Diversity after Fisher v. University of Texas”

Published April 2014
by Art Coleman, Terri Taylor

The year 2013 was a year of galvanizing focus on higher education diversity, with all eyes again on the U.S. Supreme Court, this time with the highly anticipated decision in Fisher v. University of Texas.1 For those who anticipated that the Court would materially reverse course from its landmark decisions in 2003 (and its unanimous affirmation of a core principle underpinning those decisions in 2007), the Court’s decision failed to meet the mark. While not the blockbuster typical of past Court pronouncements in higher education admissions (Bakke, 1978; Grutter/Gratz, 2003), Justice Anthony Kennedy’s opinion on behalf of seven members of the Court2 was indisputably consequential.