ILNews

SCOTUS sends affirmative-action case back to 5th Circuit

Back to TopCommentsE-mailPrintBookmark and Share

A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices, however, did not strike down the use of affirmative action by the university.

In a 7-1 holding in Abigail Noel Fisher v. University of Texas at Austin, et al., the U.S. justices reversed the 5th Circuit’s affirmation of the university’s admissions plan because the Circuit court did not hold the school to the “demanding burden of strict scrutiny” outlined in Grutter v. Bollinger, 539 U.S. 306 (2003), and Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 305 (1978)(opinion of Powell, J).

The admissions plan at issue was adopted in 2004 following decisions in Grutter and Gratz v. Bollinger, 539 U.S. 244 (2003), in which the school reverted to an explicit consideration of race.

The 5th Circuit held that Grutter required courts to give substantial deference to the university, both in the definition of the compelling interest in diversity’s benefits and in deciding whether its specific plan was narrowly tailored to achieve its stated goal.

“A plaintiff, of course, bears the burden of placing the validity of a university’s adoption of an affirmative action plan in issue. But strict scrutiny imposes on the university the ultimate burden of demonstrating, before turning to racial classifications, that available, workable race-neutral alternatives do not suffice,” Associate Justice Anthony Kennedy wrote.

The majority ordered the 5th Circuit to assess whether the University of Texas at Austin has offered sufficient evidence to prove that its admissions program is narrowly tailored to obtain the educational benefits of diversity.

Associate Justices Antonin Scalia and Clarence Thomas wrote concurring opinions. Associate Justice Ruth Bader Ginsburg dissented, and Associate Justice Elena Kagan did not participate in the case.

Other cases handed down were:
•    United States v. Kebodeaux, 12-418, which held that the Sex Offender Registration and Notification Act’s registration requirements as applied to Kebodeaux fall within the scope of Congress’s authority under the Necessary and Proper Clause;
•    Mutual Pharmaceutical Co. v. Bartlett, 12-142, which held that state law design-defect claims that turn on the adequacy of a drug’s warnings are pre-empted by federal law under PLIVA Inc. v. Mensing;
•    University of Texas Southwestern Medical Center v. Nassar, 12-484, which held that Title VII retaliation claims must be proved according to traditional principles of but-for causation, not the lessened causation test stated in 42 U.S.C. Section 2000e-2(m); and  
•    Vance v. Ball State University, et al., 11-556, which held an employee is a “supervisor” for purposes of vicarious liability under Title VII only if the supervisor is empowered by the employer to take tangible employment actions against the victim.  
 
Also Monday, the justices granted cert in National Labor Relations Board v. Noel Canning, 12-1281, on the president of the United States’ recess appointment power. The high court is asked to answer whether the president’s recess appointment power can be exercised during a recess that occurs within a session of the U.S. Senate or if it is limited to recesses that happen between enumerated sessions of the Senate. The justices are also asked to decide whether the recess appointment power may be exercised to fill existing vacancies during a recess or if it is limited to vacancies that first arose during that recess.

The parties will also brief and argue whether the recess appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

The justices denied rehearing in Laura Jennings v. Indianapolis, et al., 12-9069, a case that came out of the federal court in Indianapolis and the 7th Circuit Court of Appeals. Laura Jennings, a former employee of the Department of Defense, filed a Title VII lawsuit after she was fired during her probationary period in late 2010. She was a contract representative in the DOD’s Defense Finance and Accounting Service. She alleged retaliation in connection to her firing. The Office of Equal Opportunity Programs found her claim was untimely because she didn’t contact the EEO counselor within 45 days of her discharge and she failed to state a claim regarding unemployment benefits.

She also filed her federal lawsuit before the 180-day waiting period required to initiate a civil action after an appeal of the EEO’s decision.

The federal court in Indianapolis granted summary judgment against her on the grounds she failed to exhaust administrative remedies. The 7th Circuit affirmed in November 2012. The U.S. Supreme Court originally denied taking the case May 13.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT