harlan logo

Amicus Curae Brief

March 14th, 2013


Thomas Bianchini

Razmin Riahi

Brief of the University of Constitutionality for Fisher in the Supreme Court case:

Fisher v. University of Texas at Austin

Table of Contents- 1

Arguments- 2
Conclusion- 3


1. Racial Consideration cannot be used in a Constitutional society
According to the Constitution, all men are created equal. The 14th Amendment confirmed this by saying that racial discrimination is illegal. And the way that people have been attempting to enact this by considering minorities less talented and in need of help. Sure this is all for noble purposes, but if someone favors any group over others,this is, by definition, racial discrimination. Our school would like to say that racial consideration is useless and illegal. Our University would be quite fine with the removal of veiled racism in our society. This is not an endorsement of unveiled racism.
2. Racial consideration promotes unequal standards and opportunities
As previously mentioned, Racial consideration fosters inequality. Inequality is a slightly more polite term for racism in this situation. And, according to the 14th Amendment, racism is illegal. This makes our University embarrassed to share the same rank as several unconstitutional, if good wishing, organizations. Although these other Universities are very high in esteem and important and all that stuff, they are lsing esteem by being racist.
3. Diversity can be achieved without racial consideration
To keep our standards equal and promote racial equality, we can put more emphasis on things like socioeconomic conditions, living standards, and work outside of school. The background of a student is the factor that is important we seek diversity and we think “Hey, that guy of another race is different and special and needs to be in our school to make us diverse.” These are the words of an ignorant fool. Although Grutter v. Bollinger says that racial consideration is legal as a small factor, consideration is truly used as a quota system that would not pass strict scrutiny seeing as there are many less racist methods of achieving diversity.



In conclusion, we believe that to achieve an equal and color-blind society, we need to abolish racial considerations. We think that racial consideration does not have a place in a constitutional society, it promotes unequal standards and opportunities, and, the goal of diversity can be reached without using racial consideration.