Fisher v. University of Texas at Austin

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-981	5th Cir.	Dec 9, 2015	Apr 30, 2025	4-3	Kennedy	OT 2015

Holding: The race-conscious admissions program in use by the University of Texas at Austin when Abigail Fisher applied to the school in 2008 is lawful under the Equal Protection Clause.

Judgment: Affirmed, 4-3, in an opinion by Justice Kennedy on April 30, 2025. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kagan took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Symposium: Surprisingly, facts rule the day in Fisher II (Kimberly West-Faulcon, June 24, 2016)
Symposium: The beneficial purposes of race (Elise Boddie, June 24, 2016)
Symposium: Moving forward from Fisher II (John Paul Schnapper-Casteras, June 24, 2016)
Symposium: What proof should we demand to justify racist policies? (Todd Henderson, June 24, 2016)
Symposium: A win for wealthy students (Richard Kahlenberg, June 24, 2016)
Symposium: A disappointing decision, but more lawsuits are on the way (Elizabeth Slattery, June 24, 2016)
Symposium: So what happened between Fisher I and Fisher II? (Steve Vladeck, June 23, 2016)
A view from the Courtroom: Alito dissents on affirmative action, a deadlock on immigration, and more (Mark Walsh, June 23, 2016)
Opinion analysis: A brief respite for affirmative action? (Lyle Denniston, June 23, 2016)
A view from the courtroom: The Court takes its time on Fisher (Mark Walsh, December 10, 2015)
Argument analysis: Now, three options on college affirmative action (Lyle Denniston, December 9, 2015)
Argument preview: What's at issue in the Fisher case this time? (Lyle Denniston, December 2, 2015)
Symposium: Incremental in name only (Melissa Hart, September 11, 2015)
Symposium: The constitutional hole in holistic review (Andrew Grossman and Ilya Shapiro, September 11, 2015)
Symposium: Diversity matters for all (John Paul Schnapper-Casteras, September 10, 2015)
Symposium: Once more, with substance - How the Supreme Court should approach Fisher II (Richard Sander, September 9, 2015)
Symposium: Fisher II - Could a surprise be in store? (Richard Rothstein, September 8, 2015)
The mystery of Fisher II review (Lyle Denniston, July 21, 2015)

Date	Proceedings and Orders (key to color coding)
02/10/2015	Petition for a writ of certiorari filed. (Response due March 16, 2015)
02/18/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
02/20/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from cousel for University of Texas at Austin, and Individual respondents.
03/11/2015	Order extending time to file response to petition to and including April 15, 2015.
03/12/2015	Brief amici curiae of Judicial Watch, Inc, and Allied Educational Foundation filed.
03/12/2015	Brief amici curiae of Gail Heriot, and Peter Kirsanow filed.
03/13/2015	Brief amici curiae of Pacific Legal Foundation, et al. filed.
03/16/2015	Brief amicus curiae of The Cato Institute filed.
03/16/2015	Brief amicus curiae of American Civil Rights Union filed.
03/16/2015	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
03/16/2015	Brief amicus curiae of Mountain States Legal Foundation filed.
03/16/2015	Brief amicus curiae of Southeastern Legal Foundation filed.
04/15/2015	Brief of respondents University of Texas at Austin, and Individual Respondents in opposition filed.
05/04/2015	Reply of petitioner Abigail Noel Fisher filed. (Distributed)
05/05/2015	DISTRIBUTED for Conference of May 21, 2015.
05/26/2015	DISTRIBUTED for Conference of May 28, 2015.
06/01/2015	DISTRIBUTED for Conference of June 4, 2015.
06/08/2015	DISTRIBUTED for Conference of June 11, 2015.
06/15/2015	DISTRIBUTED for Conference of June 18, 2015.
06/22/2015	DISTRIBUTED for Conference of June 25, 2015.
06/29/2015	Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
07/27/2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2015.
07/27/2015	The time to file respondents' briefs on the merits is extended to and including October 26, 2015.
08/11/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
08/21/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents.
09/02/2015	Brief amicus curiae of Jonathan Zell filed.
09/03/2015	Joint appendix filed (2 volumes). (Statement of costs filed.)
09/03/2015	Brief of petitioner Abigail Noel Fisher filed.
09/09/2015	Brief amicus curiae of Center for Individual Rights filed.
09/09/2015	Brief amici curiae of Gail Heriot and Peter Kirsanow, Members of the United States Commission on Civil Rights filed.
09/10/2015	Brief amicus curiae of The Cato Institute filed.
09/10/2015	Brief amicus curiae of American Center for Law and Justice filed.
09/10/2015	Brief amicus curiae of California Association of Scholars filed.
09/10/2015	Brief amici curiae of Asian American Legal Foundation, et al. filed.
09/10/2015	Brief amicus curiae of David Orentlicher in support of neither party filed.
09/10/2015	Brief amicus curiae of Judicial Education Project filed.
09/10/2015	Brief amicus curiae of Richard D. Kahlenberg in support of neither party filed.
09/10/2015	Brief amicus curiae of Southeastern Legal Foundation filed.
09/10/2015	Brief amicus curiae of Mountain States Legal Foundation filed.
09/10/2015	Brief amicus curiae of Indiana Tech Law School Amicus Project filed.
09/10/2015	Brief amici curiae of Judicial Watch, Inc., et al. filed.
09/10/2015	Brief amicus curiae of James F. Blumstein filed.
09/10/2015	Brief amici curiae of Pacific Legal Foundation, et al. filed.
09/10/2015	Brief amicus curiae of Richard Sander in support of neither party filed.
10/09/2015	SET FOR ARGUMENT on Wednesday, December 9, 2015
10/19/2015	Record requested from U.S.C.A. 5th Circuit.
10/26/2015	Brief of respondents University of Texas at Austin, and Individual Respondents filed.
10/26/2015	Brief amicus curiae of The Family of Heman Sweatt filed.
10/27/2015	CIRCULATED.
10/28/2015	Brief amicus curiae of New York Law School Racial Justice Project filed. (Distributed).
10/28/2015	Brief amici curiae of Nationwide Coalition of Educators, et al. filed. (Distributed)
10/29/2015	Brief amicus curiae of Richard Lempert filed. (Distributed)
10/29/2015	Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
10/29/2015	Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed)
10/30/2015	Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed)
10/30/2015	Brief amici curiae of American Council on Education and 37 Other Higher Education Organizations filed. (Distributed)
10/30/2015	Brief amici curiae of The College Board, AACRAO, NCAC, and LSAC filed. (Distributed)
10/30/2015	Brief amici curiae of American Educational Research Association, et al. filed. (Distributed)
10/30/2015	Brief amicus curiae of California filed. (Distributed)
10/30/2015	Brief amici curiae of 823 Social Scientists filed. (Distributed)
10/30/2015	Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed)
10/30/2015	Brief amicus curiae of New York State Bar Association filed. (Distributed)
10/30/2015	Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed. (Distributed)
10/30/2015	Brief amicus curiae of Society for American Law Teachers filed. (Distributed)
10/30/2015	Brief amicus curiae of Intercultural Development Research Association (IDRA) filed.
11/02/2015	Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed)
11/02/2015	Brief amici curiae of Ruben Hinojosa, Member of Congress, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of the Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed)
11/02/2015	Brief amicus curiae of Association of American Law Schools filed. (Distributed)
11/02/2015	Brief amici curiae of 53 Current Members of the Texas State Senate and House of Representatives filed. (Distributed)
11/02/2015	Brief amici curiae of Current and Former Student Body Presidents of University of Texas at Austin filed. (Distributed)
11/02/2015	Brief amicus curiae of Kimberly West-Faulcon filed. (Distributed)
11/02/2015	Brief amici curiae of American Jewish Committee, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights filed. (Distributed)
11/02/2015	Brief amici curiae of Leading Public Research Universities The University of Delaware, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Brown University, et al. filed. (Distributed)
11/02/2015	Brief amicus curiae of the United States filed. (Distributed)
11/02/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/02/2015	Brief amicus curiae of American Psychological Association filed. (Distributed)
11/02/2015	Brief amici curiae of the President and the Chancellors of the University of California filed. (Distributed)
11/02/2015	Brief amici curiae of Fortune-100 and Other Leading American Businesses filed. (Distributed)
11/02/2015	Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Empirical Scholars filed. (Distributed)
11/02/2015	Brief amicus curiae of Harvard University filed. (Distributed)
11/02/2015	Brief amici curiae of Civil Rights Clinic and the Education Rights Center at Howard University School of Law filed. (Distributed)
11/02/2015	Brief amici curiae of National Education Association, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of United Negro College Fund and National Urban League filed. (Distributed)
11/02/2015	Brief amici curiae of California Institute of Technology, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of National Association for the Advancement of Colored People, and Texas State Conference of the NAACP filed. (Distributed)
11/02/2015	Brief amici curiae of Dupont, IBM, Intel, and National Action Council for Minorities in Engineering filed. (Distributed)
11/02/2015	Brief amici curiae of Amherst College, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Professors Cedric Merlin Powell, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Teach for America, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of American Association for Access, Equity and Diversity, et al. filed. (Distributed)
11/02/2015	Brief amicus curiae of Anti-Defamation League filed. (Distributed)
11/02/2015	Brief amicus curiae of American Bar Association filed. (Distributed)
11/02/2015	Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed)
11/02/2015	Brief amicus curiae of University of Michigan filed. (Distributed)
11/02/2015	Brief amici curiae of 39 Undergraduate and Graduate Student Organizations Within the University of California filed. (Distributed)
11/02/2015	Brief amicus curiae of Six Educational Nonprofit Organizations filed. (Distributed)
11/02/2015	Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed)
11/02/2015	Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Massachusetts, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Experimental Psychologists filed. (Distributed)
11/02/2015	Brief amicus curiae of David Boyle filed. (Distributed)
11/02/2015	Brief amici curiae of Boston Bar Association, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Cecilia Polanco, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Social and Organizational Psychologists filed. (Distributed)
11/02/2015	Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Lt. Gen. Julius W. Becton, Jr., et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Leadership Conference on Civil and Human Rights and the Southern Poverty Law Center, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of Members of Asian-Americans Advancing Justice, et al. filed. (Distributed)
11/02/2015	Brief amici curiae of National and Texas Latino Organizations filed. Distributed).
11/02/2015	Brief amici curiae of Legal Scholars Defending Diversity in Higher Education filed. (Distributed)
11/24/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
11/25/2015	Reply of petitioner Abigail Noel Fisher filed. (Distributed)
12/09/2015	Argued. For petitioner: Bert Rein, Washington, D. C. For respondents: Gregory G. Garre, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/23/2016	Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kagan, J., took no part in the consideration or decision of the case.
07/25/2016	JUDGMENT ISSUED