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UT filed its brief Monday to the Supreme Court in response to the brief filed by Abigail Fisher on Sept. 3.
The Fisher brief argues for the case to be heard again because UT has violated its standard of race in admissions. Fisher’s brief demands that the University “demonstrate with clarity that its purpose or interest is both constitutionally permissible and substantial, and that its use of the classification is necessary ... to the accomplishment of its purpose.”
In response to the Fisher brief, UT claims Fisher is “doubly wrong” about her claim that the university cannot rely on the “educational benefits of diversity” and that UT is trying to search for more diversity influential backgrounds.
“Like [the] petitioner’s attack on UT’s interest, these arguments are ultimately aimed at dismantling, rather than applying the Court’s existing precedent, and replacing it with a regime in which race can essentially never be considered even in holistic review, no matter how individualized or modest,” the UT brief said.
In a campus-wide email, University president Gregory Fenves said the University argues in the brief that its admissions process is constitutional and has been upheld in the court of law.
“During the past six years, multiple courts have ruled in our favor and upheld the use of race and ethnicity as one factor in admissions,” Fenves said in an email. “In 2013, the Supreme Court remanded the case for further consideration. In 2014, the Fifth Circuit upheld the policy again. Now, the Supreme Court has agreed to review the case for a second time.”
In 2008, Abigail Fisher — a white applicant — was denied admission into UT. After the Supreme Court heard the case in 2012, a 7-1 vote sent the case back to the 5th Circuit Courts of Appeals, but the court ruled in favor of UT. On June 29, 2015, the Supreme Court agreed to hear the case a second time, announcing in early October that the hearing would take place on Dec. 9.