Have you ever once being denied of school admission cause of discriminated toward you? If you have, you made have been violated of your right. This is based on Equal Protection Clause that forbids state from passing laws depriving any person of life, liberty, or property without due process. The big factor of admission decision serves as a compelling interest in achieving diversity among its student body. Abigail Fisher filed law suit against the University of Texas in 2008 after the school denied her admission because of the color of her skin.
Fisher filed suit against the university and other related defendant claiming that the University of Texas use of race as a consideration in admission decision was in violated of the Equal Protection Clause of the Fourteenth Amendment and Title VI. The courts decide in favor of the University of Texas and the United State court of appeal for the fifth circuit affirmed the district court decision. Fisher appeals the appellate court decision. In these cases, affirmative action will argue that such program are based on reverse-racism.
In American society, racism is still a potent force. It made not be violent like it was 50 year ago, but it stills an issue today. In the case of Fisher versus the University of Texas on the ground that their affirmative action based admissions process is unconstitutional. The current admission policy automatically admits the top ten percent from each Texas High School. Base on affirmative action, they operate on the basis of race it has to make this assumption.
To compare Abigail case to other case that are similar to her is that Bakke, Grutter, and Gratz all had the same situation of applying for a school. All of them was denied admission because the use of race as a factor in making admission decision. These cases were affected by the Equal Protection Clause of Title VI. Some of these cases were using race as a basis to exclude applicant as a racial quota system.
An Institution special admission program that is designed to admit people of a certain ethnic group, but the Supreme Court affirmed the opinion by rejecting the quota and allow the race to be one factor in college admission to meet the compelling interest of diversity. This conclude, that after Fisher v. University of Texas is heard by the supreme court, the court will strike down its 2003 ruling in Grutter v. Bollinger that affirmative action will finally be wiped off the book in higher education, but want be gone cause we achieve a lot of racial level in our college or universities. This allow universities to consider race as one of several factor in creating a diverse student body.