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Thread: Supreme Court punts on affirmative action case

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    Supreme Court punts on affirmative action case

    Supreme Court punts on affirmative action case

    Abigail Noel Fisher brought suit against the University of Texas after she was denied admission in 2008. UT automatically admits Texans who graduate in the top 10 percent of their high school classes, but fills its remaining seats by judging applicants on a combination of grade point average, test scores, race, and other factors. Fisher claimed she was discriminated against because she is white when she was denied admission. The college argued that Fisher's grade point average and standardized test scores made her inadmissible regardless of her race, and that using race as one factor in admission helps them maintain a diverse student body.
    Fisher v. University of Texas - Wikipedia, the free encyclopedia

    On October 10, 2012, the Supreme Court heard oral arguments in the case. Bert Rein represented the petitioner, Gregory Garre represented the respondent university, and Solicitor General Donald Verrilli argued in support of the respondent.


    During the beginning of the petitioner’s argument, Justices Sotomayor and Ginsburg asked questions about whether the case was moot. Specifically, they were concerned with the university's arguments that Fisher would not have earned admission regardless of her race, that she had already graduated from college, and that she only named the $100 application fee as real damages. Scalia commented that the harm of racial discrimination alone created an active controversy under the Court’s previous Equal Protection jurisprudence.[17]

    Justices Scalia, Alito, and Roberts asked many questions about the definition of a “critical mass,” which Grutter named as the central measure of diversity. Scalia started calling it a “critical cloud” after the university’s lawyer failed, upon multiple requests, to define the central measure of diversity.[17] Chief Justice Roberts asked whether an applicant who was one quarter or one eighth Latino would be permitted by the University to check the “Latino” box.[17] Mr Garre responded that the applicant is entitled to self-identify any race and the University did not ever question that determination.[17]

    Legal analysts concurred that the process of oral argument indicated that a majority of the justices disliked the university's position.[18]
    Fisher had a grade point average of 3.59 (adjusted to 4.0 scale)[8] and was in the top 12% of her class at Stephen F. Austin High School.[8] She scored 1180 on her SAT (measured on the old 1600 point scale, because UT Austin did not consider the writing section in its undergraduate admissions decision for the 2008 incoming freshman class).[8] The 25th and 75th percentiles of the incoming class at UT-Austin were 1120 and 1370.[8] She was involved in the orchestra and math competitions and volunteered at Habitat for Humanity.[8]
    Kid graduates with crappy SAT score, average GPA,fails to get into a program which favors Texans, and then complains about being discriminated against.

    Attachment 67149350
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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by Hatuey View Post
    Supreme Court punts on affirmative action case



    Fisher v. University of Texas - Wikipedia, the free encyclopedia







    Kid graduates with crappy SAT score, average GPA,fails to get into a program which favors Texans, and then complains about being discriminated against.

    Attachment 67149350
    The decision was surprising. What makes it more surprising is the 7-1 vote to send it back. I was certain that this case was going to be decided.
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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by danarhea View Post
    The decision was surprising. What makes it more surprising is the 7-1 vote to send it back.
    Just saw an interesting speculation:

    The votes to gut affirmative action are there, but the more senior judges didn't want to overturn it with an 8-court vote when one of the votes to keep affirmative action is recused, as that would undermine the apparent legitimacy of the decision.

    Ginsburg's dissent, by the way, is awesome:

    Quote Originally Posted by Supreme Court Justice Ruth Bader Ginsburg
    Petitioner urges that Texas’ Top Ten Percent Law and race-blind holistic review of each application achieve significant diversity, so the University must be content with those alternatives. I have said before and reiterate here that only an ostrich could regard the supposedly neutral alternatives as race unconscious.
    Abigail Fisher was not a well-chosen plaintiff. She had mediocre grades and SAT score, but no, it must be because she was white.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Supreme Court punts on affirmative action case

    The SCOTUS, to its credit, didn't think that enough was heard to justify a decision either way .. so they sent it back down for a re-hearing.

    Regardless, in America, appeal to race for any reason is simply wrong.

    Hiring, admitting, politicking, etc. because of preference or aversion to a race(s) is simply wrong and should not be employed in any sense or for any reason.

    I look forward to the end of both biased glass ceilings and compensatory mandates.

    Hopefully the re-hearing and return to the SCOTUS will lead to that end.
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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by Ontologuy View Post
    The SCOTUS, to its credit, didn't think that enough was heard to justify a decision either way .. so they sent it back down for a re-hearing.

    Regardless, in America, appeal to race for any reason is simply wrong.

    Hiring, admitting, politicking, etc. because of preference or aversion to a race(s) is simply wrong and should not be employed in any sense or for any reason.

    I look forward to the end of both biased glass ceilings and compensatory mandates.
    But if you remove the "compensatory mandates" while the glass ceiling is still in place, you're just back to unopposed discrimination.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by Ontologuy View Post
    The SCOTUS, to its credit, didn't think that enough was heard to justify a decision either way .. so they sent it back down for a re-hearing.

    Regardless, in America, appeal to race for any reason is simply wrong.

    Hiring, admitting, politicking, etc. because of preference or aversion to a race(s) is simply wrong and should not be employed in any sense or for any reason.

    I look forward to the end of both biased glass ceilings and compensatory mandates.
    Yes it is wrong.

    The reason is to battle the long term effects of institutional racism that were built into our laws and culture after hundreds if years of slavery then Jim Crow.

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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by Deuce View Post
    Abigail Fisher was not a well-chosen plaintiff. She had mediocre grades and SAT score, but no, it must be because she was white.
    At issue here is whether or not minorities with equal or lesser grades and scores were admitted because of their race while Mrs. Fisher was removed from consideration for applying while white. The only good to come out of this decision is that a University's say-so is no longer good enough to establish an intent to create diversity through these policies. As if that justifies racism.

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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by Napoleon View Post
    At issue here is whether or not minorities with equal or lesser grades and scores were admitted because of their race while Mrs. Fisher was removed from consideration for applying while white. The only good to come out of this decision is that a University's say-so is no longer good enough to establish an intent to create diversity through these policies. As if that justifies racism.
    White people dont get special admission to UT anymore. Used to be only whites got into UT. They are making up for decades of racism.

    Her grades and scores were not great. No good extra curriculars either.

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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by danarhea View Post
    The decision was surprising. What makes it more surprising is the 7-1 vote to send it back. I was certain that this case was going to be decided.
    Yeah, doesn't surprise me at all. They are not going to strike down affirmative action on a bad judgment call by a school and the girl was apparently solid enough of a student as to where she should have been admitted. Arguing that a 3.6 GPA is bad is pretty weak position taken by the school. the top 10% things is a little weird--if you go to a really bad school, you could get automatically admitted with a 2.5 GPA but if you went to a really good school, you could not get the same slot with a 3.7

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    Re: Supreme Court punts on affirmative action case

    Quote Originally Posted by danarhea View Post
    The decision was surprising. What makes it more surprising is the 7-1 vote to send it back. I was certain that this case was going to be decided.
    I think they sent it back because both sides failed to make a case of any sort. UT based itself on diversity, when they should have argued that she failed to get into programs that would have automatically admitted her AND those which wouldn't.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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