PLEDGE NOW
Here and Now with Robin Young and Jeremy Hobson
Public radio's live
midday news program
With sponsorship from
Mathworks - Accelerating the pace of engineering and science
Accelerating the pace
of engineering and science
Monday, June 24, 2013

Supreme Court Avoids Major Ruling On Affirmative Action

Abigail Fisher, right, who brought the affirmative action case against the University of Texas, is pictured outside the Supreme Court in Washington, Oct. 10, 2012.  (Susan Walsh/AP)

Abigail Fisher, right, who brought the affirmative action case against the University of Texas, is pictured outside the Supreme Court in Washington, Oct. 10, 2012. (Susan Walsh/AP)

The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.

The court’s 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.

Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.

The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.

Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.

He said such a test is required by the court’s 2003 decision upholding affirmative action in higher education.

Justice Ruth Bader Ginsburg was the lone dissenter.

Justice Clarence Thomas, alone on the court, said he would have overturned the high court’s 2003 ruling.

Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.

Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.

Guest:


Please follow our community rules when engaging in comment discussion on this site.
Spotlight

Peter O’Dowd follows the route of Abraham Lincoln's funeral train 150 years ago, to look at modern-day race relations and Lincoln's legacy.

Robin and Jeremy

Robin Young and Jeremy Hobson host Here & Now, a live two-hour production of NPR and WBUR Boston.

May 26 4 Comments

Old-Fashioned Bell Helps 12-Year-Old Minnesota Boy Battle Cancer

David Gerfast and his family are fighting cancer with an old-fashioned ship captain's bell and high-tech proton beam radiation.

May 26 2 Comments

Just (Lobster) Roll With It: Variations On A Summer Tradition

In New England, lobster rolls are a summer tradition, but if you ask 100 chefs how to make one, you'll get 100 different answers.

May 25 Comment

Father’s Love For Fallen Son Inspires Memorial Day Tradition

In what has become an annual tradition, volunteers join Paul Monti, whose son died while serving in Afghanistan, to plant flags at each gravestone at the Massachusetts National Cemetery.

May 25 3 Comments

An Ordinary Day At Arlington National Cemetery

Official ceremonies will be held at Arlington National Cemetery to commemorate Memorial Day. Here & Now's Lisa Mullins has this report of an ordinary day at the cemetery.