Fisher v. University of Texas at Austin

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

Date	Proceedings and Orders
Sep 15 2011	Petition for a writ of certiorari filed. (Response due October 19, 2011)
Sep 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.
Oct 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.
Oct 19 2011	Brief amici curiae of Gail Heriot, Peter Kirsanow, and Todd Gaziano, Commissioners filed.
Oct 19 2011	Brief amici curiae of California Association of Scholars,et al. filed.
Oct 19 2011	Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed.
Oct 19 2011	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Oct 19 2011	Brief amicus curiae of Asian American Legal Foundation filed.
Oct 19 2011	Brief amicus curiae of Mountain States Legal Foundation filed.
Oct 31 2011	DISTRIBUTED for Conference of November 22, 2011.
Oct 31 2011	Response Requested . (Due November 30, 2011)
Nov 8 2011	Order extending time to file response to petition to and including December 7, 2011.
Dec 7 2011	Brief of respondents University of Texas at Austin, et al. in opposition filed.
Dec 20 2011	Reply of petitioner Abigail Noel Fisher filed.
Dec 21 2011	DISTRIBUTED for Conference of January 13, 2012.
Jan 17 2012	DISTRIBUTED for Conference of January 20, 2012.
Feb 3 2012	DISTRIBUTED for Conference of February 17, 2012.
Feb 21 2012	Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Feb 22 2012	Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 12 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2012.
Mar 12 2012	The time to file respondents' brief on the merits is extended to and including August 6, 2012.
May 1 2012	Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
May 16 2012	Brief amicus curiae of Texas Association of Scholars filed.
May 21 2012	Joint appendix filed (with Supplemental volume). (Statement of costs filed)
May 21 2012	Brief of petitioner Abigail Noel Fisher filed.
May 24 2012	Brief amicus curiae of Center for Individual Rights filed.
May 25 2012	Brief amicus curiae of Mountain States Legal Foundation filed.
May 25 2012	Brief amicus curiae of The Honorable Allen B. West, Member of Congress and Lieutenant Colonel, United States Army (Ret.) filed.
May 29 2012	Brief amici curiae of California Association of Scholars, et al. filed.
May 29 2012	Brief amici curiae of Louis D.Brandeis Center for Human Rights Under Law, et al. filed.
May 29 2012	Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed.
May 29 2012	Brief amicus curiae of Gail Heriot, et al. filed.
May 29 2012	Brief amici curiae of Judicial Watch, Inc., et al. filed.
May 29 2012	Brief amici curiae of Asian American Legal Foundation, et al. filed.
May 29 2012	Brief amicus curiae of American Civil Rights Union filed.
May 29 2012	Brief amici curiae of Pacific Legal Foundation, et al. filed.
May 29 2012	Brief amicus curiae of Equal Employment Advisory Council in support of neither party filed.
May 29 2012	Brief amici curiae of Abigail Thernstrom, et al. in support of neither party filed.
May 29 2012	Brief amicus curiae of Southeastern Legal Foundation, Inc. filed.
May 29 2012	Brief amicus curiae of Cato Institute filed.
May 29 2012	Brief amicus curiae of American Center for Law and Justice filed.
May 29 2012	Brief amici curiae of Scholars of Economics and Statistics filed.
May 29 2012	Brief amici curiae of Current and Former Federal Civil Rights Officials filed.
Jul 13 2012	CIRCULATED.
Jul 23 2012	SET FOR ARGUMENT ON Wednesday, October 10, 2012
Aug 1 2012	Record received from U.S.C.A. for 5th Circuit. (1 box)
Aug 2 2012	Record received from U.S.D.C. for Western District of Texas. (1 box)
Aug 6 2012	Brief of respondents University of Texas at Austin, et al. filed. (Distributed)
Aug 8 2012	Brief amicus curiae of National Black Law Students Association filed. (Distributed)
Aug 9 2012	Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed)
Aug 9 2012	Brief amicus curiae of Harvard Graduate School of Education Students for Diversity filed. (Distributed)
Aug 9 2012	Brief amici curiae of American Association for Affirmative Action filed. (Distributed)
Aug 9 2012	Brief amici curiae of American Social Science Researchers filed. (Distributed)
Aug 10 2012	Brief amici curiae of Emory Outlaw and Emory Latin American law Students Association filed. (Distributed)
Aug 10 2012	Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Aug 10 2012	Brief amici curiae of Amherst, et al. filed. (Distributed)
Aug 10 2012	Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed)
Aug 10 2012	Brief amici curiae of Fordham University, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Social and Organizational Psychologists filed. (Distributed)
Aug 13 2012	Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed)
Aug 13 2012	Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of the United States filed. (Distributed)
Aug 13 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 13 2012	Brief amici curiae of Former Student Body Presidents of University of Texas at Austin filed. (Distributed)
Aug 13 2012	Brief amici curiae of 38 Current Members of the Texas State Senate and House of Representatives filed. (Distributed)
Aug 13 2012	Brief amici curiae of Ruben Hinojosa, member of Congress, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Distinguished Alumni of the University of Texas at Austin filed. (Distributed)
Aug 13 2012	Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Law School Admission Council filed. (Distributed)
Aug 13 2012	Brief amici curiae of National Latino Organizations filed. (Distributed)
Aug 13 2012	Brief amici curiae of Fortune-100 and other leading American businesses filed. (Distributed)
Aug 13 2012	Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Aug 13 2012	Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed)
Aug 13 2012	Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of 28 Undergraduate and Graduate Student Organizations within the University of California filed. (Distributed)
Aug 13 2012	Brief amici curiae of New York, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Former Commissioners and General Counsel of the FCC, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Leading Public Research Universities filed. (Distributed)
Aug 13 2012	Brief amici curiae of Empirical Scholars filed. (Distributed)
Aug 13 2012	Brief amici curiae of the Advancement Project filed. (Distributed)
Aug 13 2012	Brief amici curiae of NAACP, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Teach for America, Inc. filed. (Distributed)
Aug 13 2012	Brief amici curiae of National League of Cities, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Houston Community College System filed. (Distributed)
Aug 13 2012	Brief amici curiae of Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of American Council on Education, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of American Educational Research Association, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Members of Asian American Center for Advancing Justice, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Council for Minority Affairs at Texas A&M, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Society of American Law Teachers filed. (Distributed)
Aug 13 2012	Brief amici curiae of California Institute of Technology, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Small Business Owners and Associations filed. (Distributed)
Aug 13 2012	Brief amici curiae of American Jewish Committee, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of American Psychological Association filed. (Distributed)
Aug 13 2012	Brief amici curiae of Brown University, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Applachian State University, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of President and Chancellors of the University of California filed. (Distributed)
Aug 13 2012	Brief amicus curiae of New York State Bar Association filed. (Distributed)
Aug 13 2012	Brief amici curiae of Coalition of Black Male Achievement Initiatives filed. (Distributed)
Aug 13 2012	Brief amicus curiae of American Bar Association filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Association of American Law Schools filed. (Distributed)
Aug 13 2012	Brief amici curiae of Boston Bar Association, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Coalition to Defend Affirmative Action, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of College Board and the National School Boards Association, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of State of California filed. (Distributed)
Aug 13 2012	Brief amici curiae of Experimental Psychologists filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Dr. Robert D. Putnam filed. (Distributed)
Aug 13 2012	Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed)
Aug 13 2012	Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of National Education Association, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Aug 13 2012	Brief amicus curiae of David Boyle filed. (Distributed)
Aug 13 2012	Brief amicus curiae of United States Student Association filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Kimberly West -Faulcon filed. (Distributed)
Aug 13 2012	Brief amicus curiae of Family of Heman Sweatt filed. (Distributed)
Aug 13 2012	Brief amici curiae of Lt. Gen. Julius Becton, et al. filed. (Distributed)
Aug 13 2012	Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
Aug 13 2012	Brief amicus curiae of United Negro College Fund filed. (Distributed)
Sep 5 2012	Reply of petitioner Abigail Noel Fisher filed. (Distributed)
Sep 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.
Oct 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.)
Oct 11 2012	Proposal from counsel for the respondents to lodge copies of the 2008 ApplyTexas Application for Admission and the Common Application for Admission.
Oct 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.
Jun 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.
Jul 26 2013	JUDGMENT ISSUED.
Aug 16 2013	Record retuned to U.S.C.A. for 5th Circuit.
Aug 16 2013	Record returned to U.S.D.C. for Western District of Texas.

Posted in: Fisher v. University of Texas at Austin