Claire Corlett

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From the Vault: Supreme Court decides Fisher v. University of Texas…again

From the Vault: Supreme Court decides Fisher v. University of Texas…again


MS. IFILL: And the future of affirmative action
is left unresolved. ABIGAIL FISHER: (From tape.) We’ve got more
work to do, but I’m looking forward to the next steps in this process. MS. IFILL: We examine the legal, policy, and
political implications of a historic week at the nation’s highest court…. MS. IFILL: Another big decision this week,
affirmative action. Boy, they were just – they just kept them coming. In this case, Justice
Kennedy was once again writing for a seven-to-one majority. There wasn’t a lot of dispute.
But this is what he had to say about that. He said: “Strict scrutiny” – and we’ll
get back to what that means – “does not permit a court to accept a school’s assertion
that its admissions process uses race in a permissible way without closely examining
how the process works in practice.” What is he talking about? MS. BISKUPIC: Well, the bottom line is that,
for now, universities can continue to take into consideration the race of an applicant.
We were wondering whether the court might use this case to say, no affirmative action
nationwide. But the court stopped well short of that, but said in the Texas case, from
the University of Texas, where the young woman who you just saw on the screen, Abigail Fisher,
had been excluded, that they have to go back and have that program reassessed. Important, Gwen, is he didn’t backtrack
from the 1978 Bakke decision or the 2003 Grutter decision – MS. IFILL: For now. MS. BISKUPIC: For now, exactly. But there
was almost like the same sort of warning shot that Pete was referring to in 2009 on voting
rights, here in this case. And what it essentially said was that the lower court had used the
proper standard, but used it too generously toward the university. MR. WILLIAMS: What the court is basically
saying is, it’s OK to have diversity, but universities have to almost prove that they’ve
tried everything except a race-conscious program to get that diversity. And the court shouldn’t
take their word for it. They should give them an extra hard test. MS. IFILL: Well, like the Texas plan. There
were a lot of things that they had in that lump, but as long as race was part of it,
they could consider regional, geographic diversity. They could consider all kinds of things. But
race always is the thing that makes people go, no. That’s a bridge too far. MR. BALZ: And one of the things about this
issue is, first of all, over the last 20 years, support for affirmative action has declined.
There was an NBC-Wall Street Journal poll in May or early June that basically has it
45-45 of we think it needs to continue, we think it should end. On that question, there
is a huge division between whites and African-Americans and Latinos. MS. WALTER: And there’s a huge division
on – we were looking at the same poll – there’s a huge division on Democrat and Republican.
And this is really the challenge when we’re thinking about how these issues play out politically
is we know, coming from the 2012 campaign, the Republican Party says, we’ve got a demographic
problem on our hands, right? We have to get more young voters to vote for us. We have
to get minorities to vote for us. On gay marriage, they know they’re on the
wrong side in terms of where that demographic trend is going. And yet, their base is still
very much against gay marriage. I mean, the support of it – I think it was 29 percent
among Republicans, whereas among Democrats and independents, it’s over 50 percent.
The same thing on this issue. MR. BALZ: The other tricky thing about this
issue, if you introduce the idea of any kind of a preference, support goes way down for
affirmative action. I mean, we did a poll. It was 76 against, 22 in favor. MS. BISKUPIC: With the question being asked,
preference rather than diversity. MR. BALZ: Tailored to that – tailored to
this decision.

11 comments on “From the Vault: Supreme Court decides Fisher v. University of Texas…again

  1. She wasn't in the top 10% , she wasn't even in the top 18% and they base admission on not just race but wealth and socioeconomic factors. 168 other minorities that had better grades than her were also not admitted. So, cry me a fucking river. Go to community college and transfer to a 4 year college like most people have to do.

  2. education programs need to give opportunity to capable students, in whatever demographic that results in

  3. i dont care either way all i know is that redhead was one ulgy animal wow i feel sorry for whoever has to sleep with at night

  4. It's not about minorities, it never was. Asians are a very small minority, yet they are the most discriminated against by affirmative action. And because they are very small minority they are powerless to fight back.

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