I Suspect the Fifth Circuit Is Going to Get Reversed Here – Again

University of Texas can use race as factor in admissions, court rules – LA Times

In June 2013, the high court ruled 7 to 1 that the university could use race-based policies if they were truly necessary to achieve diversity. It sent the case back to the 5th Circuit to determine whether the Austin campus still needed to give a preference to some minority applicants. The justices noted that Texas’ “top 10” law, which awards college admission to the top 10% of each high school’s graduates, has already led to an influx of Latino and black students.

Fisher’s lawyer told the Los Angeles Times his client would appeal the latest decision.

Supreme Court takes middle ground on affirmative action – Los Angeles Times

Kennedy’s opinion won support from the conservative and liberal wings of the court, though Scalia and Thomas said they would have ended affirmative action if they could have.

The decision marked the first time that Roberts and Alito had endorsed the use of race as one factor in college admission decisions.

Keep that in mind while you’re telling me these two are the heart and soul of conservative jurisprudence.

As for the current status of the Fisher case:

The judges:  Higginbotham, a Reagan appointee, wrote the opinion.  Carol King, a Carter appointee, concurred.

Garza, a George HW Bush appointee, dissented.  And makes far more sense than the deciding opinion.

About Bill Quick

I am a small-l libertarian. My primary concern is to increase individual liberty as much as possible in the face of statist efforts to restrict it from both the right and the left. If I had to sum up my beliefs as concisely as possible, I would say, "Stay out of my wallet and my bedroom," "your liberty stops at my nose," and "don't tread on me." I will believe that things are taking a turn for the better in America when married gays are able to, and do, maintain large arsenals of automatic weapons, and tax collectors are, and do, not.

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