john a. powell and Stephen Menendian,
Fisher v Texas: The Limits of Exhaustion and the Future of Race-Conscious University Admissions, 47
U. Mich. J.L. Reform
Available at: http://scholarship.law.berkeley.edu/facpubs/2400
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy's opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring.