Friend of the Court – Amicus Brief Badge (150 points)
I think it is important to encourage diversity on campus, but I also think that each and every student should be treated fairly. We like to promote that our public university is more than just a difference in race. If you are of a different race or ethnic background, religious affiliation, economic background, or even sexual orientation, it does not exclude you from being accepted. Whether it be leadership skills, educational / academic history, or extra curricular activities, most universities have set standards for the students attending their school and this is what each applicant is judged by. Although diversity may be important to our college, acceptance depends on the overall evaluation of the applicant. Students should not be turned down due to their ethnicity. Universities should have a variety of different people to interact with, rather than just different races. Each person is unique in their own way and the background from which they come from should not affect their ability to attend a college. It does not matter where you go to college, you will be introduced to and interact with different people every single day. That is part of the “college experience” that every student should have to go through. Meeting new people and interacting with others is an important quality to have in life. I think diversity can be considered, but should not be able to make the final decision. Ethnicity should be the last thing to look at on the application and should not be able to greatly effect your decision.
Abigail Fisher was injured by the University of Texas because they denied her admittance to their school even though she was qualified. The university caused her injury because they choose to denied her admittance because of her race. If the court ruled for Abigail they university would be forced to admit her to the school and her injury would be solved.
The fact that she was denied entrance to the University of Texas is enough to show injury because she would have picked the school for a reason. Reasons such as it might be cheaper, a better program for what she wanted to study or they have extracurricular activities more suited to her.
It would make her case a little harder to show that Texas was a better school for her since she went to a different college right away instead of staying there and fighting. So it would make her injury more effective if she would of only wanted to go to Texas.
Write the Opinion – Fisher v. University of Texas (200 Points)
Pretend you are the Justices of the Supreme Court. Vote as a class how this case should be decided, and write an opinion discussing how this case should be resolved. If your classmates do not all agree, write concurring and dissenting opinions to explore all of your different understandings of the case. Each opinion should be at least 250 words, and reference the text of the Fourteenth Amendment and at least three of the cases listed in the Relevant Precedents section.
In Favor of Petitioner: 2
In Favor of Respondent: 4
The Equal Protection Clause states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they dreside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
For Petitioner Argument: The girl applying to the University of Texas did not appear to have anything wrong with her. A college, especially a state college like the University of Texas, has no right to turn anyone away because of race. The college wants an “ethnically diverse campus”, well having one more white person will not make any difference and if this is the true reason the girl was turned down then the college is definitely in danger of being accused for disobeying the 14th amendment of The Equal Protection Clause. Therefore, what right does the University of Texas have to turn this girl away? The University of Texas said that they did consider her race, but according to the Court of Appeals it was “narrowly tailored” to meet the schools interest of trying to promote racial diversity on campus. Either way this is still using race to make the official decision, which is unconstitutional.
For Respondent Argument: The University of Texas seems like the bad guy in this case. But, under further investigation and search it seems like they are doing the right thing. Who’s to say that this girl (since proven to be under the top 10% of her class) is not involved, and maybe not as motivated as other students that were accepted below the academic requirements. There are many other students who are not accepted every year at The University of Texas, why should she be treated any different?