The U.S. Supreme Court Grants Abigail Fisher's Second Request for Certiorari
This means that the Court will hear a new round of arguments next term in the case. (Justice Kagan is still recused from the case, given her involvement in earlier rounds of litigation as Solicitor General, meaning that only eight Justices will hear it.) The Access & Diversity Collaborative will closely monitor the case and continue to provide important updates in the coming weeks. Read more here: Supreme Court Returns to Affirmative Action.
The ADC Diversity Syllabus for Institutions is now available!
Over the last decade, the College Board's Access & Diversity Collaborative (ADC) - working in partnership with numerous higher education institutions and organizations, notably including the American Council on Education (ACE) - has developed a significant body of work designed to assist institutions pursing diversity goals. To create greater awareness of these resources and how to use them, the ADC, working with its sponsors, has created the Syllabus to map relevant issues and to direct institutions to important resources that can help them understand these issues, develop effective policies, and - as appropriate - mitigate legal risk. We hope that the syllabus can be particularly timely, given continued legal activity and public attention to diversity-related race- conscious enrollment practices.
You can find the Syllabus here or in the downloads section of the ADC website.
New Materials Available!
Access and Diversity Collaborative Session at the HE Colloquium on The Playbook: Using Race Neutral Strategies Effectively, No Matter What League You’re In, January 12, 2015.
To secure your copy of the presentation from the Colloquium please contact Brad Quin at firstname.lastname@example.org.
Access and Diversity Collaborative Webinar on Evaluating Race-Neutral Strategies in Support of Your Institution's Diversity Goals, January 26, 2015.
If you’d like to view the Webcast and presentation from the webinar, click here for access:
Copies of the Playbook can be secured from the Downloads section of this page.
Appeals Court Upholds the University of Texas at Austin’s Use of Race and Ethnicity in Admission, Again!
On November 12, by a vote of 10–5, the full Fifth Circuit refused to hear the appeal of the three-judge panel decision on Fisher v. University of Texas at Austin that upheld the University of Texas’s race-conscious admission policy as constitutional. That ruling has set the stage for a potential decision on the merits of the case by the U.S. Supreme Court, which ruled in 2013 on key legal issues while declining at that time to render a judgment on the merits of the UT admission policy.
The attorneys for plaintiff Abigail Fisher have indicated that they will ask the Supreme Court to hear the case by filing a petition for certiorari, which is due within 90 days of the Fifth Circuit’s denial of rehearing. (The response from UT will be due 30 days after Fisher’s lawyers file the petition.)
If certiorari is denied, the decision of the Fifth Circuit three-judge panel affirming the lawfulness of UT’s policy will stand. In the event that certiorari is granted, it is possible that the court could hear the case this term (by June 30, 2015), but that is far from certain. The court does not have a formal rule about how long it can take to decide to grant certiorari, meaning that it may not make a decision on whether to rehear the case until weeks or months after the petition is filed.
Read the Access and Diversity Collaborative’s case analysis of the previous Fifth Circuit decision of July 15, 2014.