This article is over 8 years old


Court Ruling Could Mean The End For Fisher v. UT

Local law professor expects another appeal to go nowhere.


To embed this piece of audio in your site, please use this code:

<iframe src="" style="height: 115px; width: 100%;"></iframe>

Fisher v. University of Texas is a case that started in 2008 when Abigail Fisher, a white high school graduate from Sugar Land, applied to the school in Austin and was not admitted.

She filed a lawsuit against UT claiming that she was discriminated against on the basis of race.

The case ended up in the Supreme Court, which sent it back to the Fifth Circuit Court of Appeals.

“And so they said, go back and look at it and reevaluate it in light of this one feature of narrow-tailoring,” said Michael Olivas, a professor at the University of Houston Law Center, “which is the legal doctrine that says that any use of race has to be as narrowly tailored as possible so that it’s not used overly much.”

The appeals court ruled 2-1 in favor of the University of Texas, which argued it did not discriminate against Fisher.

Fisher’s attorney has said that he will again appeal the decision. But Olivas doesn’t think the Supreme Court will take the case up again.

“You know, nothing has changed between now and last year when they sent it back down. You know, they’ve rendered no affirmative action changes. There’s been no intervening court decision that might change this, so I think that they will probably accept it and that will be the end of it.”

Fisher did not put her education on hold while waiting for a final ruling. She graduated from Louisiana State University in 2012.

Subscribe to Today in Houston

Fill out the form below to subscribe our new daily editorial newsletter from the HPM Newsroom.

* required