A few months back, PLF filed this brief in Fisher v. University of Texas at Austin urging the Supreme Court to take the case. Our friends at the Center for Equal Opportunity, the American Civil Rights Institute, Project 21, and the National Association of Scholars joined us on the brief. Next week the Court will meet to discuss whether to hear the case. Accordingly, Roger Clegg, President of the Center for Equal Opportunity, and I penned this op-ed for National Review asking the justices to take the case. Here’s a snippet:
Accordingly, the Supreme Court should grant review again in Fisher, and try again to write an opinion that universities will take seriously. Perhaps this time the Court will conclude that it is futile to expect schools to do anything other than try to drive a truck through a door it has left ajar. The Court should shut that door — by holding that there is no compelling interest in the use of racially discriminatory admissions in the first place.