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''Fisher v. University of Texas'', , is a United States Supreme Court case concerning the affirmative action admissions policy of the University of Texas at Austin. The Supreme Court voided the lower appellate court's ruling in favor of the University and remanded the case, holding that the lower court had not applied the standard of strict scrutiny, articulated in ''Grutter v. Bollinger'' (2003) and ''Regents of the University of California v. Bakke'' (1978), to its admissions program. The Court's ruling in ''Fisher'' took ''Grutter'' and ''Bakke'' as given and did not directly revisit the constitutionality of using race as a factor in college admissions.〔(【引用サイトリンク】title= Abigail Noel Fisher v. University of Texas at Austin (Case 11-345) )〕 The suit, brought by undergraduate Abigail Fisher in 2008, asked that the Court declare the University's race-conscious admissions inconsistent with ''Grutter'', which had in 2003 established that race had an appropriate but limited role in the admissions policies of public universities. While reasserting that any consideration of race must be "narrowly tailored", with ''Fisher'' the Court did not go on to overrule ''Grutter'', a relief for civil rights groups who feared that the Court would end affirmative action. The United States District Court heard ''Fisher v. University of Texas'' in 2009 and upheld the legality of the University's admission policy in a summary judgment. The case was appealed to the Fifth Circuit which also ruled in the University's favor. The Supreme Court agreed on February 21, 2012, to hear the case. Justice Elena Kagan recused herself because she served as the Solicitor General when the Department of Justice filed a friend-of-the-court, or amicus curiae, brief in the Fisher case when it was pending in the U.S. Court of Appeals for the Fifth Circuit. On June 24, 2013, the Fifth Circuit's decision was vacated, and the case remanded for further consideration in a 7–1 decision, with Justice Ruth Bader Ginsburg dissenting. Justices Antonin Scalia and Clarence Thomas filed concurring opinions. Applying the Supreme Court's 2013 decision, the Fifth Circuit once again found for UT Austin in 2014. Fisher again appealed the Fifth Circuit's decision, and the Supreme Court again agreed to hear her appeal. The case will be argued during the 2015-16 term of the Supreme Court on December 9, 2015. == Background == Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin in 2008 and were denied admission. The two women, both white, filed suit, alleging that the University had discriminated against them on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment. The University of Texas at Austin accepts students in the top 10% of each Texas high school's graduating class, regardless of their race; under Texas House Bill 588, 81% of 2008's freshman class were admitted under the plan. Applicants who, like Fisher, fail to graduate in the top 10% of their high schools, can still gain admission by scoring highly in a process that evaluates their talents, leadership qualities, family circumstances, and race.〔 Fisher had a grade point average of 3.59 (adjusted to 4.0 scale) and was in the top 12% of her class at Stephen F. Austin High School.〔 She scored 1180 on her SAT (measured on the old 1600-point scale, because UT Austin did not consider the writing section in its undergraduate admissions decision for the 2008 incoming freshman class).〔 The 25th and 75th percentiles of the incoming class at UT-Austin were 1120 and 1370.〔 She was involved in the orchestra and math competitions and volunteered at Habitat for Humanity.〔 During the case proceedings, Fisher enrolled at Louisiana State University, where she was in her final year as an undergraduate in 2012.〔〔 In 2011, Michalewicz withdrew from the case, leaving Fisher as the sole plaintiff.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fisher v. University of Texas」の詳細全文を読む スポンサード リンク
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