Ten years after its most recent decisions involving the role of race in college and university admissions, the U.S. Supreme Court revisited the issue this year in a closely-watched case (Fisher v. University of Texas at Austin (UT)), prompting speculation that it would reverse previous cases permitting racial considerations. However, in a 7-1 decision, the Court declined to reverse its previous decisions and instead further defined the strict scrutiny standard that racial preferences are subject to. It remanded the case to the Fifth Circuit Court of Appeals, which had granted UT summary judgment, vacating its decision and instructing it to properly apply strict scrutiny.
The Court’s opinion focused not on the permissibility of considering race, but rather the Fifth Circuit’s application of strict scrutiny. Under strict scrutiny, the use of certain classifications (e.g., race) must serve a compelling state interest and be narrowly tailored to achieving that interest. The Court noted that, in demonstrating that diversity is a compelling interest, UT is entitled to some deference from the courts, but this deference does not extend to determining whether the means of achieving diversity is narrowly tailored. The Fifth Circuit, the Court ruled, improperly deferred to UT in determining whether the university’s program was narrowly tailored, and thus the program must be reviewed again under a proper strict scrutiny application.
