Last Wednesday, the Supreme Court heard oral arguments for over an hour with regards to Fisher II, the second hearing of the anti-affirmative action case that centers around the plight of Abigail Fisher, a White woman who applied for admission to the University of Texas in 2008, and was rejected. (Incidentally, I am a co-signer of an amicus brief submitted to the Court in Fisher II in support of race-conscious affirmative action.)
The University of Texas employs a so-called “Top Ten Percent Plan”, wherein the school automatically admits students from each of the state’s high schools who score within the top ten percent of their graduating class. The remainder of available slots are filled through a holistic review process that includes race as one of several characteristics used to assess applicants. Fisher — whose high school grades were insufficient to yield her automatic acceptance to the University of Texas — contends that she was rejected under holistic review because she is White and therefore that the University of Texas violated her 14th Amendment rights. However, independent review of her application and the characteristics of other applicants in 2008 demonstrate that Fisher’s application package was weak in comparison to others in her year, and that her rejection likely had nothing to do with the colour of her skin.