Supreme Court Sends Texas Affirmative Actions Case Back To Lower Court

A local constitutional law expert says today’s Supreme Court ruling on the use of affirmative action in University of Texas admissions seems to suggest that a full trial will be needed to determine whether affirmative action lives or dies.

Peter Linzer is a professor at the University of Houston Law Center.  He says the decision ‘appears’ to be hostile to affirmative action, but without actually overruling an earlier ruling that allowed the practice to be used in college admissions.

“It seems to say, ‘You get another chance to make your case.’ Which means if it is sent back whether to further motion practice or to a full trial, it’s going to be an opportunity for an enormous amount of expert testimony coming in on why this should, or should not, be allowed.”

Linzer says the justices’ 7-1 decision to send the Fisher case back to the fifth circuit means a ‘definitive’ answer on affirmative action is at least two years away.

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David Pitman

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