What follows is a description of UT's race-conscious undergraduate admissions policy, which was at issue in Fisher (and which the parties and the courts concede is all but identical to the policy upheld in Grutter). This is followed by a brief description of the procedural posture of the case and an analysis of the Supreme Court's decision. Finally, this Article argues that Grutter (and, by default, Fisher) represents a dramatic deviation from - and, in effect, a reversal of - the bedrock principle established in Brown. Left unanswered, of course, is whether our nation's highest court will ever reassert that the principle established in Brown governs the use of race - and forbids its use in a discriminatory way - when it comes to public education, particularly in the context of university admissions.
Lawrence R. Purdy,
Fisher v. University of Texas at Austin: Grutter (Not) Revisited ,
79 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss1/2