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The Opinion

In the case Fisher v . University of Texas the respondent claimed that the Defendant, which was the University of Texas, were violating their Fourteenth Amendment rights to procedural due process and equal protection under the law, when she was rejected from the school. Fisher applied to the University of Texas but was rejected. Fisher argues that the University is denying her admission on the basis of her race, and therefore did not receive equal protection under the law of the Fourteenth Amendment. ┬áTo help prove her point she mentions the case Grutter v. Bollinger which the court upheld in 2003. The respondent, argues that the program that they have conforms the standard sets in cases like Grutter v. Bollinger. The University says that their use of race in an admissions process is “highly individualized and modest”. The school does admit though that racial diversity is a priority, but that many other factors play into the decision whether a student will be admitted in or not. In Parents Involved in Community Schools v. Seattle School Dist. The schools decision was based mostly on the students race in order to give diversity. The question before the court was, is a University allowed to use race as a factor when making undergraduate admission decisions?
The court finds that the University of Texas was not being constitutional when rejecting Fisher form being admitted into the University of Texas. Although University’s should have a diverse campus, they should not look at race when making a decision for an admission into a school. In Regents of the University of California v. Bakke the court said they violated the Equal Protection Clause of the Constitution by creating an application process where 16 spots were reserved for minority candidates. University of Texas is doing this when ensuring automatic acceptance to ┬ástudents who were in the top ten percent of their high school class.