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)
ACE, Higher Education Groups Urge Department of Education to Rescind DEI “Dear Colleague” Letter
February 27, 2025
ACE, Higher Education Groups Urge Department of Education to Rescind DEI “Dear Colleague” Letter
ACE and more than 60 higher education associations have called on the Department of Education to rescind its recent Dear Colleague Letter regarding DEI policies on college campuses.
ACE and UCLA Ed&IS Release HERI Report Highlighting Key Trends Among First-Year College Students
February 25, 2025
ACE and UCLA Ed&IS Release HERI Report Highlighting Key Trends Among First-Year College Students
​ACE, in collaboration with the HERI at UCLA, released a report that highlights the growing diversity of first-year college students and explores the experiences, backgrounds, and other key features of the entering class of 2024.
Federal Judges Block DEI Orders, Extend Pause on NIH Cuts
February 24, 2025
Federal Judges Block DEI Orders, Extend Pause on NIH Cuts
Two federal judges issued separate rulings Friday that temporarily prevent the Trump administration from moving ahead with plans to weaken diversity, equity, and inclusion initiatives and implementing drastic cuts to National Institutes of Health funding.
dotEDU Live: The Future of Campus Diversity and Student Support
February 19, 2025
dotEDU Live: The Future of Campus Diversity and Student Support
ED's Office for Civil Rights has declared that race-conscious student programs, financial aid, and support services violate federal civil rights law. ACE President Ted Mitchell joins the hosts to discuss the implications for campuses.
Senate Questions McMahon on the Future of the Education Department, DEI, and Student Aid in Confirmation Hearing
February 14, 2025
Senate Questions McMahon on the Future of the Education Department, DEI, and Student Aid in Confirmation Hearing
In a closely watched Senate confirmation hearing on Thursday, Linda McMahon, President Donald Trump’s nominee for Secretary of Education, faced pointed questions on both K-12 and higher education policy.
ACE, AAU, APLU, Others File Legal Challenge to Trump Administration’s Cut to Life-saving NIH Research
February 10, 2025
ACE, AAU, APLU, Others File Legal Challenge to Trump Administration’s Cut to Life-saving NIH Research
The associations seek to block the proposed cap on NIH F&A reimbursements, arguing that it would devastate medical research, hinder the training of future scientists, and undermine the U.S. position as a global leader in biomedical innovation.
Higher Education Association Lawsuit Challenges NIH Action on F&A Reimbursement
February 10, 2025
Higher Education Association Lawsuit Challenges NIH Action on F&A Reimbursement
ACE, AAU, and APLU, along with several research universities, have filed a legal challenge against the administration’s decision to cap F&A reimbursements at 15 percent for NIH research grants.
dotEDU Live: New Orders and New Challenges for Higher Education
February 6, 2025
dotEDU Live: New Orders and New Challenges for Higher Education
In this all-Q&A episode of dotEDU Live, hosts Jon Fansmith, Mushtaq Gunja, and Sarah Spreitzer break down the latest policy shifts, legal battles, and administrative chaos facing colleges and universities in the Trump administration’s first weeks.
Scaling Credit for Prior Learning (CPL) Through State and System Policies
January 30, 2025
Scaling Credit for Prior Learning (CPL) Through State and System Policies
Join our webinar on January 30 to learn how to leverage 360+ CPL policy examples to boost credential completion and support adult learners. Hear stories from three states that have advanced CPL policy. Register now!
Higher Education & The Trump Transition
January 29, 2025
Higher Education & The Trump Transition
Executive orders, agency memos and directives, news stories and other resources on the Trump administration's first weeks in office.
Trump’s Executive Orders Shift Higher Education Landscape
January 27, 2025
Trump’s Executive Orders Shift Higher Education Landscape
With more than two dozen executive orders issued in the past week, the Trump administration has moved swiftly to reverse Biden-era policies and advance its own priorities—many of which carry significant implications for colleges and universities.
dotEDU Live: Navigating Trump’s First Week
January 24, 2025
dotEDU Live: Navigating Trump’s First Week
Jon Fansmith, Mushtaq Gunja, and Sarah Spreitzer break down the early days of the Trump administration’s second term and its impact on higher education.
ACE Releases Issue Brief on Campus Challenges Under Trump’s Immigration Policies
January 17, 2025
ACE Releases Issue Brief on Campus Challenges Under Trump’s Immigration Policies
ACE has prepared a new issue brief offering information and insights to help campuses navigate what may be a rapidly shifting landscape.
Higher Ed Groups Back Cornell in Supreme Court Case Over 403(b) Retirement Plans
January 8, 2025
Higher Ed Groups Back Cornell in Supreme Court Case Over 403(b) Retirement Plans
ACE, along with 13 other higher education associations, has filed an amicus brief with the Supreme Court in Casey Cunningham v. Cornell University, a case that challenges how colleges and universities manage their 403(b) retirement plans under ERISA.
dotEDU Live: What Trump’s Win and a New Congress Mean for Higher Education
November 7, 2024
dotEDU Live: What Trump’s Win and a New Congress Mean for Higher Education
In this special post-election episode recorded on November 6, ACE President Ted Mitchell joined hosts Jon Fansmith, Sarah Spreitzer, and Mushtaq Gunja to discuss the 2024 election results and their implications for higher education.
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.
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