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The issue: Abigail Fisher contends that when she applied to the University of Texas at Austin in 2008, she was rejected on the basis of race—that she was white. Up until now, federal courts have upheld a school’s right to deny admission based on race, most recently in 2003 with Grutter v. Bollinger, a case which arose from a similar situation at the University of Michigan Law School.

 There, the court found that the constitution “does not prohibit the law school’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.” Though Fisher v. Texas does not seek to overrule Grutter v. Bollinger, Fisher wants UT to “properly apply the Supreme Court’s principles that require using race-neutral alternatives first.”

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