I believe, in the case Fisher v. University of Texas, that Fisher should win. It is against the Fourteenth Amendment to deny or accept a student into a university based on their race. All students should be given equal and fair evaluation for admissions. One student should not be given more of a chance over another student based on the color of their skin.
The Fourteenth Amendment clearly 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 reside. 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.” If the constitution states that you cannot deny to any person equal protection of the laws. So my question is, why is it acceptable to deny someone acceptance to a university factoring in their race?
It is not fair two have two applications in front of a person: one being an African American female and the other being a caucasian female. The two students have the exact same test scores and grades, yet the college accepts the African American female and denies acceptance to the caucasian female.
In the cases of Brown v. Board of Education, Dred Scott v. Sanford, and Reed v. Reed, the court consistantly ruled in favor of the petitioner. Each case was evident that there was descrimmination and all violated the United States Constitution.