What if conservative faculty and students perceive themselves to be oppressed victims of a hostile liberal environment? What if Republicans are underrepresented? Will we end up with affirmative action for conservatives and Republicans?
There is a common thread in both of the Court's last two decisions: an appeal to illusory racial progress. "Our country has changed," wrote Chief Justice John G. Roberts Jr. Evidence abounds that this is simply not true.
The Supreme Court issued a cynical opinion in its ruling against affirmative action in Fisher v. Texas. Telling the 5th U.S. Circuit Court of Appeals to use this approach against the program, which has been operating for nine years, was like winking and saying "you know what to do."
With the Supreme Court's opinion in Fisher, talented and bright students from all backgrounds, including different racial and ethnic backgrounds, will get a fair opportunity. That is good news for every American.
We encourage universities to more fully document the factual necessity of their plans and the reasons why some limited consideration of race in a holistic review process is the only practical way to achieve the diversity they think necessary to serve compelling educational interests.
It's hard to see what else the mainstream media could get wrong about the Supreme Court's decision in Fisher v. University of Texas, the affirmative action case that was sent back to the lower courts this past Monday.
Monday's decision by the U.S. Supreme Court may leave us all waiting to see what the case of a Texas woman challenging her state's affirmative action laws means for all of us in higher education, but there is reason to be hopeful.
The United States Supreme Court held today in Fisher v. University of Texas that diversity is a compelling governmental interest for a public university to seek, but there are significant restrictions to employing race based measures in doing so.
Let's hope that next week the Court looks back 40 years and follows the law as set forth in Defunis instead of reaching out unnecessarily to accomplish a political goal at least four of the Justices (and likely five) hold deeply -- to end affirmative action as we know it.