Next Term, as the Supreme Court reviews the constitutionality of the University of Texas’s admissions policies for the second time, it should reaffirm that diversity in higher education remains a compelling goal that benefits us all. While what is technically left for the Court to review in the latest iteration of Fisher v. University of Texas at Austin is highly fact-specific, the case is, in reality, part of a broader assault on the legitimacy of educational diversity writ large. The Justices should rebuff this attack, drawing upon existing precedent, including the Court’s decision in Fisher I, the full range of legal and practical arguments that will be submitted by the University and its amici, and an appreciation for the grave problems that would arise if the Court upended constitutional doctrine.
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