Supreme Court Case Study: Fisher V. University Of Texas
Fisher v. University of Texas
The Fourteenth Amendment has 4 sections and includes multiple clause in each. The first section of the fourteenth amendment includes the equal protection clause, the citizenship clause, the privileges and immunities clause, and the due process clause. The equal protection clause requires the state to provide equal protection to all people under the law in their jurisdiction. The citizenship clause provides a broad definition of citizenship to all people, in which a previous case the supreme court had ruled descendants of african slaves could not be citizens. The privileges and immunities clause protects the out-of-state citizens from getting discriminated against by the states, but only applies to the fundamental
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Fisher, but they held the the Court of Appeals did not hold the University’s admission policies to a standard of strict scrutiny so the judgement was incorrect. In previous judicial precedent in cases dealing with minority admissions, the Court has held that they are reviewable under the fourteenth amendment, these such cases must be held to a standard of strict scrutiny to determine whether the policies are precisely tailored to serve a compelling governmental interest. If the policy does not meet this standard, then race can not be considered in any admissions process. The Court stated the it was the job of the reviewing court to verify that the University policy in question was necessary to achieve a more diverse student body and the any race-neutral alternative would not achieve the same level of diversity.The Supreme Court said the lower courts did not conduct a sufficient strict scrutiny examination in this case. Justice Ruth Ginsburg wrote the dissenting opinion in which she argued the the University treats race as merely one factor in the overall decision to admit a student, which is permissible under previous judicial precedent. The significance of this case is that the decision challenged the precedent set by previous
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