New law review article on Fisher v. University of Texas at Austin
Author: Joshua Thompson
Colleague and soon-to-be Supreme Court litigator Damien Schiff and I co-authored a new law review article on Fisher v. University of Texas at Austin. The article, Divisive Diversity at the University of Texas: An Opportunity for the Supreme Court to Overturn its Flawed Decision in Grutter, was published by the Texas Review of Law and Politics. The article begins by discussing the rise of "diversity" as a compelling interest in equal protection law, before discussing the 5th Circuit's decision in Fisher at length. The article concludes with a discussion of reasons the Supreme Court could distinguish Fisher from Grutter, as well as reasons why the Supreme Court should overrule Grutter outright.
PLF has been heavily involved in this case, and will continue to be involved in the Fisher litigation if (when) a petition for certiorari to the Supreme Court is filed. Hopefully this article will make it into the justices hands.
Many thanks to the editors of the Texas Review of Law and Politics who were easy to work with throughout the publishing and editing process. You can download a copy of the article on their website.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›