Affirmative action: Supreme Court sends back Texas race-based plan
WASHINGTON (KABC) -- The Supreme Court on Monday sent back a Texas affirmative-action case to a lower court for another look.
The case regarding a race-based plan at the University of Texas at Austin was brought by white student Abigail Fisher in 2008, who was denied admission. Fisher argued that the college discriminated against her on the basis of her race in violation of the Equal Protection Clause of the Fourteenth Amendment.
The 7-1 ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan, but it leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.
Justice Ruth Bader Ginsburg was the lone dissenter. Justice Elena Kagan recused herself, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.
Justice Anthony Kennedy, writing for the court, says a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.
Fisher has since received her undergraduate degree from Louisiana State University.
The Associated Press contributed to this report.
legal, u.s. supreme court, national news
- Delivery man fatally shot in South Los Angeles 15 min ago
- Westlake High coach accused of sex with teen
- 2 boys molested at different South Bay parks
- SKorea ferry accident: 10 more bodies pulled
- Yucaipa High teacher accused of sex with teen
- Woman assaulted near Pizza Hut in Lancaster
- 15-yr-old arrested after assaulting IE senior
- Del Taco customers charged thousands for meal
- Man's body found in vehicle in San Bernardino
- Earthquake strikes off Papua New Guinea
- abcnews: Eclectic early summer festivals
- 13th body pulled following Everest avalanche
- Rooney to be buried at Hollywood Forever
- OTRC: Miley Cyrus postpones whole tour