Fisher v. University of Texas at Austin: A Timeline and Resources

Background

Fisher v. University of Texas (UT) at Austin is a lawsuit concerning UT's use of diversity in its admissions process. It has twice come to the U.S. Supreme Court on appeal. In its second ruling in 2016, the Supreme Court voted 4-3 to uphold the university's admissions policy.

On June 24, 2013, the Supreme Court voided the lower appellate court's ruling in favor of UT and remanded the case for further consideration, via a 7–1 decision, with Justice Ruth Bader Ginsburg dissenting (Fisher I). The Supreme Court found that the lower court had not appropriately applied the standard of strict scrutiny articulated in Grutter, and in Regents of the University of California v. Bakke (1978), to its assessment of the UT admissions program. Fisher I took Grutter and Bakke as given, and did not directly revisit the constitutionality of using race as a factor in college admissions.

Applying the Supreme Court's 2013 decision, the Fifth Circuit once again found for UT in 2014. Fisher again appealed the Fifth Circuit's decision, and the Supreme Court again agreed to hear her appeal (Fisher II). The Supreme Court heard oral argument in Fisher II on Dec. 9, 2015, and on June 23, 2016, voted 4-3 to uphold UT's admissions policy. 

Resources

Race, Class, and College Access: Achieving Diversity in a Shifting Legal Landscape
This July 2015 report examines how legal challenges to race-conscious admissions are influencing contemporary admissions practices at selective colleges and universities around the country.

Bridging the Research to Practice Gap: Achieving Mission-Driven Diversity and Inclusion Goals (March 2016)
The College Board's Access & Diversity Collaborative 

Webinar on Possible Outcomes and Responses to Fisher II (March 2, 2016)
This webinar, entitled “Preparing for Fisher II on Your Campus: An Overview of Key Issues and Action Steps to Consider,” provides recommendations to help institutions prepare for the U.S. Supreme Court’s second decision in the Fisher case. The link above to the archived webinar requires email registration. (Hosted by ACE, the College Board’s Access & Diversity Collaborative and EducationCounsel.)

Preparing for Fisher II (February 2016)
The College Board's Access & Diversity Collaborative

Understanding Fisher v. the University of Texas (July 2013)
The College Board's Access & Diversity Collaborative

Preparing for the Fisher Decision: Are You Ready? (May 2013)
The College Board's Access & Diversity Collaborative

SCOTUSBlog on Fisher v. University of Texas at Austin

Select Op-Eds & Editorials

High and Long-Term Stakes
Inside Higher Ed (Dec. 9, 2015)
What may be hanging in the balance of the U.S. Supreme Court's ruling on Fisher is the ability of colleges to ensure a racially diverse student body and, just as critically, to build a diverse faculty, argue ACE’s Peter McDonough and Lorelle L. Espinosa.

The Legal Future of Affirmative Action (Rod Smolla, president of Furman University)
Inside Higher Ed (June 27, 2013)

A Long, Slow Drift From Racial Justice (Lee Bollinger, president of Columbia University)
The New York Times (June 24, 2013)

Affirmative Action Ruling a Victory for Future (Sherrilyn Ifill, president of the NAACP Legal Defense and Educational Fund)
USA Today (June 24, 2013)

Judicial Minimalism Triumphs in Affirmative Action Case (Cass R. Sunstein, professor at Harvard Law School)
Bloomberg (June 24, 2013)

Grutter v. Bollinger and Gratz v. Bollinger​ (2003)
dotEDU Live: Student Voting in 2024
October 7, 2024
1:00 p.m.–1:45 p.m. ET
dotEDU Live: Student Voting in 2024
New laws since 2020 may impact student voters, especially tighter restrictions on student ID usage. Join dotEDU Live to discuss these changes, the lame duck session, and what Congress accomplished before the election.
Higher Education Builds America
October 6, 2024
Higher Education Builds America
The key to unlocking America’s potential is strengthening our world-leading colleges and universities because higher education builds America. Explore ACE’s policy recommendations now.
ACE Brief Explores Factors Affecting Students' College Decisions
October 1, 2024
ACE Brief Explores Factors Affecting Students' College Decisions
ACE’s latest brief uses insights from The Freshman Survey, administered by HERI, to examine student perspectives on making application decisions, financing college, and choosing to attend their particular institution.
Diversity in Transition: Adapting to Students for Fair Admissions v. Harvard
September 24, 2024
Diversity in Transition: Adapting to Students for Fair Admissions v. Harvard
Explore the impact on campus diversity a year after the SFFA v. Harvard ruling and innovative strategies for fostering inclusion. Learn from experts as we discuss the challenges and successes in this evolving landscape.
Hillel, AJC, and ACE Convene College and University Presidents for Historic Summit on Campus Antisemitism
September 23, 2024
Hillel, AJC, and ACE Convene College and University Presidents for Historic Summit on Campus Antisemitism
The summit held September 22-23 in Washington, D.C. was the largest-ever gathering of university presidents to address rising antisemitism on campus.
Breaking Barriers to Recruit and Retain Diverse Talent in Higher Education
September 11, 2024
Breaking Barriers to Recruit and Retain Diverse Talent in Higher Education
Don’t miss this must-watch webinar for anyone committed to advancing diversity, equity, and inclusion in higher education — learn innovative strategies and gain practical tools for fostering institutional inclusivity.
Women in Higher Education Leadership on Lived Experiences and Lessons Learned
August 28, 2024
Women in Higher Education Leadership on Lived Experiences and Lessons Learned
Join us as the author of “Women in the Higher Education C-Suite: Diverse Executive Profiles” and experts featured in the book share skillsets needed to navigate challenges, personal experiences, and motivational stories.
ACE Issue Brief Explores How Campus Leaders Can Prepare for a Potentially Tumultuous Fall
August 5, 2024
ACE Issue Brief Explores How Campus Leaders Can Prepare for a Potentially Tumultuous Fall
As campus leaders prepare for students to return in the fall following the protests, encampments and arrests that occurred last term, ACE's Peter McDonough posed some questions to three experts on issues such as free speech and student safety.
Experts Collaborate and Redesign STEM Graduate Education for Equity
July 8, 2024
Experts Collaborate and Redesign STEM Graduate Education for Equity
In an effort to address the underrepresentation of racially marginalized students in STEM graduate programs, ACE convened a new Innovation Lab on June 27-28.
ACE Releases Insights from Diverse Learning Environments Survey
June 28, 2024
ACE Releases Insights from Diverse Learning Environments Survey
ACE released a brief that uses insights from the HERI Diverse Learning Environments Survey to examine differences in students’ perceptions of their learning environment.
dotEDU Live: Navigating the Current Landscape of College Sports
June 13, 2024
dotEDU Live: Navigating the Current Landscape of College Sports
ACE General Counsel Peter McDonough joins the podcast to unpack the tumultuous developments in college sports over the past year and what is now an uncertain landscape for student-athletes.
ACE Honors William Paterson University’s President Richard Helldobler With 2024 Reginald Wilson Diversity Award
May 30, 2024
ACE Honors William Paterson University’s President Richard Helldobler With 2024 Reginald Wilson Diversity Award
Helldobler, a first-generation college graduate and son of immigrants, has advocated for traditionally underrepresented college students over his more than 30 years in higher education.
Growing Business Leaders and Societal Problem-Solvers
May 22, 2024
Growing Business Leaders and Societal Problem-Solvers
This is the second webinar in the Advancing Higher Education in Our States series. A panel will discuss the state of business education; state-based policy challenges to diversity, equity, and inclusion in higher education; and more.
Race and Ethnicity in Higher Education: 2024 Status Report Release Event
May 21, 2024
Race and Ethnicity in Higher Education: 2024 Status Report Release Event
ACE released Race and Ethnicity in Higher Education: 2024 Status Report along with updates to its accompanying website. This convening explores key findings from the report.
ACE Releases 2024 Update to Race and Ethnicity in Higher Education Project
May 21, 2024
ACE Releases 2024 Update to Race and Ethnicity in Higher Education Project
ACE's new Race and Ethnicity in Higher Education: 2024 Status Report highlights updated data that show a continued increase in diversity but significant disparities in attainment levels among underrepresented groups by race and ethnicity.
College Admissions in 2024: "A Year Like No Other"
April 8, 2024
College Admissions in 2024: "A Year Like No Other"
ACE President Ted Mitchell visits the podcast to discuss the intricacies of college admissions in 2024, incluiding the consequences of the redesigned FAFSA form, the Supreme Court ruling on race in admissions, legacy admissions, and standardized testing.
2024 ACE Women’s Network Leadership Conference
March 20, 2024
8:00 a.m.–5:00 p.m. ET
2024 ACE Women’s Network Leadership Conference
Join us in Washington, DC for the 2024 ACE Women’s Network Leadership Conference and Women’s Leadership Dinner as we come together to enhance momentum toward achieving gender and racial parity in higher education leadership.
ACE Leads Higher Ed Coalition in Amicus Brief Supporting Emory in Student Suicide Case
February 23, 2024
ACE Leads Higher Ed Coalition in Amicus Brief Supporting Emory in Student Suicide Case
ACE and 16 other higher education associations filed an amicus brief supporting Emory University in a case questioning whether colleges can be held liable for student suicides without prior knowledge of the student's intentions.
Multi-year Project Helps Colleges Build a Culture of Shared Equity Leadership
December 18, 2023
Multi-year Project Helps Colleges Build a Culture of Shared Equity Leadership
ACE and USC’s Pullias Center for Higher Education have developed a suite of research and resources, concluding with a convening, aimed at helping leaders on campuses address diversity and equity challenges from the top down—making equity everyone’s work.
dotEDU Live: The Year in Higher Education Policy
December 14, 2023
dotEDU Live: The Year in Higher Education Policy
The overarching theme is working through the chaos in Washington, and the lineup includes student loan forgiveness, the Supreme Court's decision on race in admissions, institutional accountability, the uptick in international students, and more.
ACE, IIE Announce New Partnership to Co-Design and Scale International Education Programming
November 16, 2023
ACE, IIE Announce New Partnership to Co-Design and Scale International Education Programming
ACE and IIE announced a new partnership to co-design programmatic offerings that will address escalating challenges in higher education internationalization and serve the evolving internationalization needs of diverse higher education institutions.
Affirmative Action in Higher Education After Grutter v. Bollinger and Gratz v. Bollinger​
Affirmative Action in Higher Education After Grutter v. Bollinger and Gratz v. Bollinger​
A 2003 letter from then-ACE President David Ward on affirmative action in higher education after Grutter v. Bollinger and Gratz v. Bollinger​
Amicus Brief to the U.S. Supreme Court: University of Michigan Admissions Cases
August 1, 2002
Amicus Brief to the U.S. Supreme Court: University of Michigan Admissions Cases
Amicus brief to the Supreme Court in support of the University of Michigan in the 2003 cases Grutter v. Bollinger and Gratz v. Bollinger.
Statement of Higher Education Associations on Affirmative Action Cases
January 20, 2003
Statement of Higher Education Associations on Affirmative Action Cases
The higher education community welcomes the United States Supreme Court’s grant of certiorari in Grutter v. Bollinger and Gratz v. Bollinger, cases addressing race-conscious admissions at the University of Michigan.
 
 

Case Timeline

June 2016: U.S. Supreme Court Issues Ruling in Fisher v. UT-Austin

Supreme Court Upholds Use of Race-Conscious Admissions at U. of Texas
The Chronicle of Higher Education (June 23, 2016)

Supreme Court Upholds Consideration of Race
Inside Higher Ed (June 23, 2016)

December 2015: U.S. Supreme Court Rehears Fisher v. UT-Austin

Amicus Brief to the U.S. Supreme Court: In the Second Hearing of Fisher v. University of Texas at Austin
From ACE and 37 higher education associations (Oct. 30, 2015)

June 2015: U.S. Supreme Court Grants Second Review in Fisher

Supreme Court to Again Hear Challenge to UT's Admissions Rules The Texas Tribune (June 29, 2015)

November 2013: Fisher Returns to the Appeals Court

June 2013: The U.S. Supreme Court Issues Decision in Fisher v. UT-Austin

U.S. Supreme Court Decision in Fisher v. University of Texas at Austin (June 24, 2013)
Full text of the opinion from the U.S. Supreme Court

Statement From U.S. Secretary of Education Arne Duncan

October 2012: The U.S. Supreme Court Hears Arguments in Fisher v. UT-Austin

Amicus Brief from ACE and the Higher Education Community to the U.S. Supreme Court in Support of the University of Texas (August 2012)

March 2010: Higher Education Groups Submit Brief to Appeals Court

Amicus Brief from ACE on Behalf of 14 Higher Education Associations to the Ffth Circuit Court of Appeals