Casting Shadows: Fisher v. University of Texas at Austin and the Misplaced Fear of "Too Much" Diversity

Susannah W. Pollvogt

Well, I thought that the whole purpose of affirmative action was to help students who come from underprivileged backgrounds, but you make a very different argument that I don't think I've ever seen before. -Justice Alito

Justice Alito's comment, made during the recent oral argument before the Supreme Court of the United States in Fisher v. University of Texas at Austin, is troubling on many levels. Significantly, the comment suggests that Justice Alito has not recently reread Regents of the University of California v. Bakke or Grutter v. Bollinger—the two Supreme Court decisions that will likely control the outcome in Fisher. Bakke and Grutter acknowledged two possible justifications for race-conscious admissions policies, and the justification these cases ultimately endorse is the one Justice Alito appears to be unfamiliar with.