Fisher v. University of Texas at Austin - Amicus Brief

This case is now before the Court for the second time.  In 2013, the Court reaffirmed the principle that public universities have a compelling interest in a diverse student body but sent the case back to the court of appeals to determine whether UT’s admissions policy is narrowly tailored to achieve that goal.  On remand, the court of appeals again ruled in favor of the University.  The ACLU’s amicus brief supports that result, but also urges the Court to abandon the view that there is no constitutional distinction between race-conscious plans designed to ameliorate discrimination and those designed to perpetuate it.