Brief of Legal Scholars Defending Diversity in Higher Education as Amici Curiae in Support of Respondents, Fisher v. University of Texas at Austin, et al. (14-981)

Abstract

Legal Scholars Defending Diversity in Higher Education submit this brief to the U.S. Supreme Court as amici curiae in support of Respondents in Fisher v. University of Texas, et al. (14-981). Amici argue that: 1. Racial isolation in schools is a perverse and insufficient means to attain diversity in higher education, because the U.S. Supreme Court has noted that racial isolation is a compelling interest, and Texas's Top Percent Law yields racial diversity only because of such racial isolation; 2. Universities need to use holistic, race-conscious admissions policies to pursue qualitative diversity (i.e., diversity within racial groups), because qualitative diversity has educational benefits and requires individualized assessment of applicants; 3. Elimination of racial disparities, not critical mass, provides a measurable end point for race-conscious admissions, because while the compelling interest that justifies race-conscious admissions is the educational benefits of student body diversity, the need to use race to achieve such diversity is predicated on racial disparities and inequality; and 4. Less reliance on race is a constitutional virtue, not a vice, contrary to Petitioner's assertion, because small increases in racial diversity have benefits and because less reliance on race indicates a university's serious intent to eventually transition to race-neutral admissions policies.