Supreme Court punts in affirmative action case

Rick Moran
Deciding not to decide - it's a way for the Supreme Court to deal with a contentious issue by awaiting more clarifying opinions from the lower courts. In a 7-1 decision regarding the closely watched affirmative action case Fisher v. University of Texas, the Supreme Court remanded the case back to the federal district court from which it came with instructions to give the matter greater scrutiny. This is a partial victory for opponents of affirmative action because the lower court upheld the formula used by the university to admit minority candidates to its law school. Wall Street Journal: The court's ruling on Fisher v. University of Texas was 7-1, with the majority opinion by Justice Anthony Kennedy. Justice Ruth Bader Ginsburg dissented, and Justice Elena Kagan, who was solicitor general when the Obama administration weighed in on the case, recused herself from the decision. Justice Kennedy said the Fifth Circuit U.S. Court of Appeals made legal errors when it upheld the...(Read Full Post)

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