Noted Dummy Abigail Fisher's Rights Weren't Violated, Rules Court

Illustration for article titled Noted Dummy Abigail Fisher's Rights Weren't Violated, Rules Court

Affirmative Action will still be on the books at University of Texas, Austin, despite Abigail Fisher, the college applicant who famously took her UT rejection letter all the way to the Supreme Court.


After the SCOTUS decided to not really rule on whether Affirmative Action was a good idea and kicked Fisher’s case against UT back to the lower courts, the United States Court of Appeals for the Fifth Circuit ruled on Tuesday that UT can continue to use race as “one of the many factors in admission,” according to the New York Times.

Unlike other states, Texas has an admission process called the “Top Ten Percent Plan” which guarantees resident graduates in the top of their high school class a spot at any of the state’s schools. Why doesn’t the University of California, where Proposition 209 and the conversation around ditching Affirmative Action was born, have something like this? But I digress.

“While the Top Ten Percent Plan boosts minority enrollment by skimming from the tops of Texas high schools, it does so against this backdrop of increasing resegregation in Texas public schools, where over half of Hispanic students and 40 percent of black students attend a school with 90 percent-100 percent minority enrollment,” said the majority opinion, in which Judge Higginbotham was joined by Judge Carolyn Dineen King. …

“U.T. Austin has demonstrated a permissible goal of achieving the educational benefits of diversity within that university’s distinct mission, not seeking a percentage of minority students that reaches some arbitrary size,” the opinion said.

Fifth Circuit Court Judge Emilio M. Garza disagreed with the decision because he felt UT is arguing that they need to reach a “diversity goal” without delineating exactly what that marker is or whether their admission process meets it.

As for Fisher, the student whose parents are UT alum and was really hoping to utilize that same alumni pool despite lacking the grades or SAT test scores to really be down, says she'll continue her lawsuit. The Louisiana State University graduate is open to taking her case back to the Supreme Court, but hopeful they just tell her to go home and check her privilege. She still has Michigan, right?

Illustration for article titled Noted Dummy Abigail Fisher's Rights Weren't Violated, Rules Court

Images via AP and UT.



I find it incredibly interesting that throughout all of this, she's consistently failed to mention that UT-Austin didn't reject her outright. They offered her a chance to attend one of its system campuses (UT-Dallas was floated as the best option), earn at least a 3.2 GPA during her freshman year (she maintained a near-3.6 GPA during her time at LSU, so she could have done this easily), and transfer to the main campus the following year. She simply didn't want to do that; it was the whole hog or nothing, apparently.

There's also the little-noted fact that her lawyer is a very good friend of the family, and has spent decades waiting to argue for the end of AA policies in a SCOTUS case. Rather than follow the prescribed course of action her dream school laid out for her, she elected to go scorched Earth and ended up getting burned herself. I have no respect for this chick, and I'm glad to see that the 5th Circuit saw fit to put her BS where it belongs.

Sometimes, we just can't get what we want. Also, it's really shitty that she was nurtured by LSU, got a good education, and a very good job because of it, but had the balls to say that attending UT would have been a better investment. Way to show school pride, girlfriend.