They released Fisher v. University of Texas. A 7-1 opinion(Kagan recused), Ginsburg Dissenting. http://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf
While some were hoping they would do away with Affirmative Action this did not happen. They used their previous analysis to vacate and remand. Thus their previous analysis is still the precedent regarding affirmative action. So diversity being a compelling state interest is still intact and affirmative action is still permissible so long as it is narrowly tailored enough to meet strict scrutiny.
The case was vacated and remanded because the lower courts did not use strict scrutiny(Ginsburg disagreed).
Its obvious that Scalia and Thomas would overrule Grutter but since they werent asked to do so Scalia agreed with the majority in full and Thomas concurred. So Affirmative Action lives on, it might come back up before the court but that might take a long time.
More opinions tomorrow and Weds or Thursday.
While some were hoping they would do away with Affirmative Action this did not happen. They used their previous analysis to vacate and remand. Thus their previous analysis is still the precedent regarding affirmative action. So diversity being a compelling state interest is still intact and affirmative action is still permissible so long as it is narrowly tailored enough to meet strict scrutiny.
The case was vacated and remanded because the lower courts did not use strict scrutiny(Ginsburg disagreed).
Its obvious that Scalia and Thomas would overrule Grutter but since they werent asked to do so Scalia agreed with the majority in full and Thomas concurred. So Affirmative Action lives on, it might come back up before the court but that might take a long time.
More opinions tomorrow and Weds or Thursday.
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