The crux of the matter in Fisher v. University of Texas at Austin was the question: is conscious racial preference in the admission processes at state universities constitutional? In a 4-3 split, Justices Steven G. Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor joined the majority opinion by Justice Anthony M. Kennedy. Justice Samuel Alito, Jr. issued a vigorous dissent, joined by Chief Justice John G. Roberts Jr., and Justice Clarence Thomas.
Arguing for the motion were Roger Clegg, president and general counsel for the Center for Equal Opportunity, and Stuart Taylor, Jr., senior fellow at the Brookings Institution and co-author of Mismatch.
Arguing against the motion were Deborah Archer, director of the Racial Justice Project and professor at New York Law School, and Erwin Chemerinsky, dean of the University of California’s Irvine School of Law.
Did Justice Anthony Kennedy and the majority do the right thing – or, in the words of Justice Samuel A. Alito, Jr., is this “affirmative action gone wild”?