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Write The Opinion

March 14th, 2013

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?