How Equal Protection and Education Work

This paper will provide the reader with the relevant facts and reasons behind Ms. Fisher’s lawsuit and the similarities and differences between her claim and the claim of the plaintiff in Grutter. The book will also track the Fisher case from the District Court, ruling that the University of Texas’ admission policy was constitutional, through the Fifth Circuit Court of Appeal's affirmation of the District Courts ruling as well as the Fifth Circuits en banc decision. Finally, the book will conclude with a prediction of whether or not the Supreme Court will strike down UT's policy or not. 


Fisher asks the Supreme Court of the United States to strike down the University of Texas at Austin’s admission policy, which includes race as an admissions factor violating strict scrutiny. The issue is the extent of the fourteenth amendment’s guarantee of “equal protection of the laws” permits race to be used as a factor in efforts to achieve greater diversity in higher education.