In 2016, in an important case called Abigail Fisher v. University of Texas-Austin, the U.S. Supreme Court ruled that UT’s use of racial classifications and admissions preferences as implemented in 2008 were constitutional.
While we at Students for Fair Admissions were disappointed with that 4-3 decision, the opinion was very narrow in its application. Indeed, the Supreme Court warned UT that it should not interpret the ruling as meaning that UT could continue using racial preferences indefinitely. The Court said that UT must continually review race-neutral options for achieving diversity before deciding to treat students differently because of their race or ethnicity.
A lot has changed in Texas since Abigail Fisher sued UT nearly 10 years ago. Yet UT continues to employ a race-based admissions process. We believe that UT has not met its constitutional obligations and is vulnerable to a new legal challenge.