Supreme Court urged to take Affirmative Action Case of a White Female not being allowed at University of Texas.

Conservative activists and commentators are hoping the answer is yes, and want the court to reexamine its 2003 decision that state universities may consider an applicant’s race — in a limited way — in assembling diverse student bodies.

They have urged the court to accept the claim from a high school graduate from Sugar Land, Tex., that she was denied admission to the University of Texas because she is white.

No State shall … deny to any person within its jurisdiction the equal protection of the laws. U.S. Const. amend. XIV, § 1.

INTRODUCTION
Petitioner Abigail Fisher, a Caucasian female, applied for undergraduate admission to the University of Texas at Austin (“UT”) in 2008. Ms. Fisher was not
entitled to automatic admission under the Texas Top Ten Percent Law. She instead competed for admission with other non-Top Ten in-state applicants, some of whom
were entitled to racial preference as “underrepresented minorities.” Although Ms. Fisher’s academic credentials exceeded those of many admitted minority candidates, UT denied her application. Having “‘suffered an injury that falls squarely within the language and spirit of the Constitution’s guarantee of equal protection,’”

Grutter v. Bollinger, 539 U.S. 306, 327 (2003) (quoting Adarand
Constructors, Inc. v. Peña, 515 U.S. 200, 230 (1995)),  Ms. Fisher brought this challenge to the use of race in UT’s undergraduate admissions process seeking monetary and injunctive relief.

But Texas has done all it can to give the justices a way out. It says that in just a few months, Abigail Noel Fisher will graduate from Louisiana State University — the school she attended instead of UT — and that the court will no longer have the actual case or controversy required before the justices take a case.

Fisher “lacks any ‘actual or imminent’ injury caused by UT-Austin’s future use of race-conscious admissions, and she cannot seek prospective relief,” Texas argued in its brief urging the court not to hear the case.

A second woman who sued UT, Rachel Michalewicz, has graduated from college and dropped out of the case, Texas said. (Perhaps in a first for a Supreme Court filing, it reports Michalewicz’s graduation based on her Facebook status, and uses the online roster of the LSU Bowling Club as evidence that Fisher is a senior.)

If the women had sued as part of a class action, Texas said, the claim might still be viable. But it says that the only damage Fisher can now claim is $100 in nonrefundable application fees, which it argues she would have had to pay even if UT had no race-conscious admission plan.

Supreme Court To Hear Affirmative Action Case?

58 DAYS AGO by JUSTIN WITZMANN

The Supreme Court may decide to re-define or clarify affirmative action law by the end of the week, according to an article on Yahoo News.

Abigail Fisher who was rejected from the University of Texas, brought a lawsuit against the school because of the color of her skin, which is white.  If the Court does in fact decide to hear the case this means that there is a possibility that it could put further restraints on what is commonly known as affirmative action.

The 9 justices are supposed to discuss the case in a conference this week and a decision could come as soon as today.