Exact(5)
Colleges and universities, Justice Kennedy wrote for the majority, must demonstrate that "available, workable race-neutral alternatives do not suffice" before taking account of race in admissions decisions.
Despite those disparities, Fisher can be read as setting a high bar for consideration of race in admissions: universities must demonstrate that race or ethnicity has not been the defining feature in an admissions decision; that the use of race is necessary to achieve the educational benefits of diversity; and that there is no "available, workable" race-neutral alternative to achieve such benefits.
The Fifth Circuit should determine, the justices said, whether the university has met "the ultimate burden of demonstrating, before turning to racial classifications, that available, workable, race-neutral alternative do not suffice".The heart of Ms Fisher's claim is that race-neutral alternatives do suffice.
Rather, academic institutions must demonstrate "that available, workable race-neutral alternatives do not suffice" to achieve their objectives.
In Fisher v. University of Texas, the Supreme Court last year held that universities "bear the ultimate burden of demonstrating, before turning to racial classifications, that available workable race-neutral alternatives do not suffice".
Similar(55)
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