Document Type
Note
Abstract
This Note addresses how the decision of the Fifth Circuit in Fisher v. University of Texas at Austin and, further, how the Supreme Court’s review of that case on appeal affected the Court’s affirmative action jurisprudence. More narrowly, this Note will focus on how the Court’s endorsement of affirmative action in higher education has impacted the admissions of minority students into science, technology, engineering, and math (STEM) fields, and the number of degrees that minority students receive in those fields. Part I discusses the history of affirmative action in higher education decisions proceeding Fisher, including Regents of the University of California v. Bakke, which first introduced the concept of diversity as a compelling government interest, and the Grutter decision itself, where the Supreme Court finally accepted the diversity reasoning as controlling. Part II, analyzes the data and research on how admissions and matriculation of minority students have been affected by Grutter-type policies, looking particularly to whether or not STEM degree fields have seen an increase. Part III, examines the predominant views from Fifth Circuit’s decision in Fisher, including Judge Higginbotham’s majority opinion, Judge Garza’s concurrence, and the dissent from Chief Judge Jones from the denial of rehearing en banc before the Fifth Circuit. Finally, Part IV, analyzes the Court’s decision in Fisher, and concludes by identifying what changes to higher education affirmative action policy can be expected, particularly in the STEM degree fields, as a result of Fisher.
Recommended Citation
Kevin S. Rabin,
Fisher v. University of Texas at Austin: The Legacy of Grutter and the Power of Diversity in Stem Degree Programs,
18 J. Tech. L. & Pol'y
(2013).
Available at: https://scholarship.law.ufl.edu/jtlp/vol18/iss2/6