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Fisher v. Univ. of Texas at Austin - Post-Decision SCOTUScast

SCOTUScast 7-12-16 featuring Roger Clegg
Roger B. Clegg July 12, 2016

On June 23, 2016, the Supreme Court decided Fisher v. Univ. of Texas at Austin. This is the second time the case has come before the high court. Abigail Fisher, a white female, applied for admission to the University of Texas at Austin (the University) but was denied. Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protection Clause of the Fourteenth Amendment. The district court held that the University’s admissions process was constitutional, and the U.S. Court of Appeals for the Fifth Circuit affirmed. The case went to the Supreme Court (Fisher I), which held that the appellate court erred in how it applied the strict scrutiny standard, improperly deferring to the University’s good faith in its use of racial classifications. On remand the Fifth Circuit again ruled in favor of the University, deeming its use of race in the admissions process narrowly tailored to a legitimate interest in achieving “the rich diversity that contributes to its academic mission.”

On its second trip to the Supreme Court, the question was whether the Fifth Circuit’s re-endorsement of the University’s use of racial preferences could be sustained under the Equal Protection Clause. By a vote of 4-3, the Supreme Court affirmed the judgment of the Fifth Circuit. Justice Kennedy delivered the opinion of the court, which held that the race-conscious admissions program in use at the time of Fisher’s application was narrowly tailored and lawful under the Equal Protection Clause. Justice Kennedy’s majority opinion was joined by Justices Ginsburg, Breyer, and Sotomayor. Justice Thomas filed a dissenting opinion. Justice Alito also filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kagan took no part in the consideration or decision of the case.

To discuss the case, we have Roger B. Clegg, who is President and General Counsel, Center for Equal Opportunity.

Political Correctness on Campus - Event Audio/Video

Stanford Intellectual Diversity Conference
Pamela S. Karlan, Nicholas Quinn Rosenkranz, Richard H. Sander, Zachary Price April 13, 2016

Political correctness in the classroom can be seen as a consequence of a lack of political diversity in the university. How does political correctness affect research, and teaching? Is political correctness all that bad, or does it have a proper place in academia? Professors Pam Karlan, Richard Sander, and Nicholas Rosenkranz discuss.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Political Correctness on Campus

  • Prof. Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School
  • Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
  • Prof. Richard H. Sander, Professor of Law, UCLA School of Law
  • Moderator: Prof. Zachary Price, Associate Professor of Law, UC Hastings College of the Law

Stanford Law School
Stanford, CA

A Conversation on Intellectual Diversity - Event Audio/Video

Stanford Intellectual Diversity Conference
Larry Kramer, Michael W. McConnell, Bernadette Meyler, Michael Rubin April 13, 2016

Why make a big deal out of intellectual diversity in academia, anyway? What are its advantages? What are its disadvantages? Is it a goal worth pursuing at the expense of others? Dean Larry Kramer and Professor Michael McConnell debate these points and others.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Keynote Conversation

  • Dean Larry Kramer, President, The William and Flora Hewlett Foundation; Lecturer in Law and Former Dean, Stanford Law School
  • Prof. Michael McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School
  • Moderator: Prof. Bernadette Meyler, Carl and Shelia Spaeth Professor of Law, Stanford Law School
  • Introduction: Mr. Michael Rubin, Co-President, Stanford Student Chapter

Stanford Law School
Stanford, CA

Student Perspectives on Intellectual Diversity in Academia - Event Audio/Video

Stanford Intellectual Diversity Conference
R. Sohan Dasgupta, Roland Nadler, Ilan Wurman, Jud Campbell, Jonathan Mondel April 13, 2016

The proper education of America’s youth is arguably the most important social responsibility the university has. But does a lack of intellectual diversity in school create pedagogical issues? Our panel of current and former law students weighs in.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Student Perspectives on Intellectual Diversity in Academia

  • Dr. R. Sohan Dasgupta, University of California, Berkeley
  • Mr. Roland Nadler, Fellow, Center for Law and Biosciences, Stanford Law School
  • Mr. Ilan Wurman, Associate, Winston & Strawn LLP
  • Moderator: Mr. Jud Campbell, Executive Director and Research Fellow, Constitutional Law Center, Stanford Law School
  • Introduction: Mr. Jonathan Mondel, Co-President, Stanford Student Chapter

Stanford Law School
Stanford, CA

Recent Research in Intellectual Diversity - Event Audio/Video

Stanford Intellectual Diversity Conference
M. Elizabeth Magill, Eugene B. Meyer, James Lindgren, James C. Phillips, Jon A. Shields, G. Marcus Cole, Jonathan Mondel, Michael Rubin April 13, 2016

To foster meaningful discourse on intellectual diversity in academia, it is important to begin with the facts. Is there a lack of intellectual diversity in academia? How big is the problem? Professors Jim Lindgren, James Phillips, and Jon Shields review some of the latest research on the subject.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Opening Remarks

  • Dean M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean, Stanford Law School
  • Mr. Eugene B. Meyer, President, The Federalist Society
  • Introduction: Mr. Jonathan Mondel, Co-President, Stanford Student Chapter
  • Introduction: Mr. Michael Rubin, Co-President, Stanford Student Chapter

Recent Research in Intellectual Diversity

  • Prof. James T. Lindgren, Professor of Law, Northwestern University Pritzker School of Law
  • Prof. James C. Phillips, Former Visiting Professor, BYU Law School
  • Dr. Jon A. Shields, Associate Professor, Claremont McKenna College
  • Moderator: Prof. G. Marcus Cole, William F. Baxter-Visa International Professor of Law, Stanford Law School

Stanford Law School
Stanford, CA