, Volume 26, Issue 4, pp 403-410
Date: 11 Oct 2013

After Fisher: Academic Review and Judicial Scrutiny

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Expecting that the Supreme Court in Fisher v. University of Texas at Austin would find (probably) that the use of racial considerations in UT’s admission process was unconstitutional or (possibly) uphold that process, many commentators decided that the actual Court decision was a “punt.”

Fisher v. University of Texas at Austin, 133 S.Ct. 2411 (2013).

By a 7-to-1 vote, the justices sent the case back to lower courts to be reargued under the clearer guidelines articulated in the Fisher opinion. So nothing was immediately settled.

As football fans know, a punt can be merely an exchange of field positions, without advantaging the offense or defense. Or, a punt can be a “coffin corner” kick in which the offense is pinned back near its own goal line, often with disastrous consequences. Rarely, a punt can be run back the other way for a score. Consequently, when a punt occurs, what happens next can be decisive. This article will examine the post-Fisher options open to college and university fac ...