harlan logo

Fisher v. University of Texas, Opinion

November 4th, 2012

On behalf of those who voted in favor of Ms. Abigail Fisher, we believe that what has occurred in the matter of this case is in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution due to the admission factor of race of the University of Texas. Due to this factor, Ms. Abigail Fisher was denied admission to this university. Race should not, under any circumstances, take part in any drastic role as to whether or not a student is granted admissions. It is understood that universities want diversity among their student body, but this should not be a major factor of admissions.
This idea of race playing an important role in the decision of admission should be eliminated. Race should not be completely eliminated, it can still be a small factor, but must not make or break an admission. In the case of Regents of the University of California v. Bakke, it was vividly shown in a similar fashion to this case that the Equal Protection Clause of the Fourteenth was violated. Similar cases like these would no longer occur if the race factor is removed as a monumental factor to the admissions decision. Had the University of Texas not made race of such drastic impact on admission, Ms. Abigail Fisher would be the student that was admitted to the University of Texas at Austin. One that note, it is extremely apparent of why this policy of admission  should be eliminated, or at least have its importance brought down to a lesser importance.