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davidn3600

(6,342 posts) Mon Jun 29, 2015, 11:22 AM Jun 2015

Supreme Court agrees to hear case on Affirmative Action next year; Kagan recuses herself

The U.S. Supreme Court on Monday waded into a new major battle over the future of affirmative action in university admissions by agreeing to take up for the second time a challenge to the process for picking students used by the University of Texas.

The justices agreed to hear a case brought by Abigail Fisher, a white applicant who was denied admission to the entering class of 2008. The court will review a July 2014 ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals in favor of the university.

http://www.rawstory.com/2015/06/affirmative-action-in-college-admissions-is-next-major-battle-supreme-court-will-tackle/

Justice Kagan recuses herself because she participated in the case as solicitor general as it was being argued in the 5th circuit.

This will be the second time the court has heard this case. The first time around the court decided to punt on it and send it back to the lower courts with instructions. But now it's coming back.

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Supreme Court agrees to hear case on Affirmative Action next year; Kagan recuses herself (Original Post) davidn3600 Jun 2015 OP

With Kagan out, I think we know where this is headed... hlthe2b Jun 2015 #1

in this case, it probably won't make much of a difference JustinL Jun 2015 #2

hlthe2b

(102,575 posts)

1. With Kagan out, I think we know where this is headed...

Reply to davidn3600 (Original post)

Mon Jun 29, 2015, 11:32 AM

Jun 2015

sigh...

JustinL

(722 posts)

2. in this case, it probably won't make much of a difference

Reply to hlthe2b (Reply #1)

Mon Jun 29, 2015, 12:30 PM

Jun 2015

The lower court upheld the university's affirmative action program (Fisher v UT at Austin, 758 F.3d 633). If the Supreme Court deadlocks 4-4, that ruling remains in place. If the court strikes down the program 5-3, then Kagan probably would have just made it 5-4: same result.

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