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    Why the Hold-up?

    U.S. Supreme Court stays mum on controversial UT Austin affirmative action case

    Claire St. Amant
    Jun 4, 2013 | 3:59 pm
    University of Texas at Austin, campus, tower
    Abigail Fisher wanted to attend the University of Texas at Austin but ended up at Louisiana State University instead.
    GlobalGrind.com

    It's been more than a year since University of Texas at Austin reject Abigail Fisher graduated from Louisiana State University, and it's been eight months since Fisher's case alleging racial discrimination went before the U.S. Supreme Court. Experts expected an opinion much sooner, and the rumor mill is churning out plenty of potential reasons for the delay.

    A white student from the Houston-area suburb of Sugar Land, Fisher had a 3.59 GPA but was not in the top 10 percent of her graduating class. Since 1997, Texas students graduating in the top 10 percent of their high schools have been guaranteed admission to state universities.

    She was denied admission to UT in 2008 and brought suit against the university alleging that her race was an unfair factor in her rejection. This is a possibility, given that in 2004 the University of Texas revamped its admission policy to allow race to be a factor in the holistic review of students outside the top 10 percent.

    The delay could be as simple as a divided opinion, surmises Mark Walsh of Education Week, or it could be something more unusual and complicated.

    The Supreme Court heard oral arguments on Fisher v. The University of Texas at Austin on October 10, just two weeks into the court's term.

    Mark Walsh at Education Week offers four theories for the lengthy delay. For starters, Walsh believes that Justice Anthony M. Kennedy could be the key to case. Kennedy has previously said that school districts could sometimes take race into account when drawing attendance boundaries, so there's wiggle room in his interpretation of affirmative action.

    "Every other justice besides Kennedy has written an opinion from a case argued during the October session," Walsh writes. "That leaves many observers thinking Kennedy is drafting the opinion in Fisher."

    The delay could be as simple as a divided opinion, Walsh surmises, or it could be something more unusual and complicated.

    Because Justice Elena Kagan recused herself from the case, a 4-4 tie is possible. Walsh says this would equate to a victory for Texas, as the New Orleans U.S. Court of Appeals for the 5th Circuit approved a race-conscious admissions system. Ties are usually identified early on, but the justices could have evolved from a majority opinion to a tie in the course of eight months.

    Walsh also believes the case could be dismissed, as Fisher has long since graduated and would not benefit from the ruling. Her attorney maintains that Fisher's $100 admission application fee is enough to keep the case current, but Walsh has his doubts.

    "Many major appeals have fizzled on standing or other jurisdictional grounds long after oral arguments," Walsh writes.

    Lastly, the case could be scheduled for reargument next term. With just a few weeks remaining in the Supreme Court's docket, the justices might decide to table the decision until another similar affirmative action case is argued in October.

    A case out of Michigan, Schuette v. Coalition to Defend Affirmative Action, deals with a 2006 ballot initiative barring the use of racial preferences at state colleges and universities.

    "The new theory is that the court would order new arguments in Fisher and consider it next term along with the Michigan case," Walsh says.

    The court returned its first June ruling on Monday when it decided that DNA samples could be taken from anyone who is arrested.

    unspecified
    news/city-life

    This week's hot headlines

    The salary you need to live comfortably in Dallas and more top stories

    CultureMap Staff
    Mar 28, 2026 | 10:00 am
    Money, salaries, SmartAsset
    Photo by Giorgio Trovato on Unsplash
    Single Dallasites need to make nearly $97,000 to live comfortably in the city, the report found.

    Editor's note: The top Dallas news of the week includes a national income report and two big closures. Plus, the best patios for spring dining around Dallas. Catch up on our most popular stories below, then find the best things to do this weekend right here.

    1. This is the salary you need to live comfortably in Dallas in 2026. A report analyzing how much it costs to live "in sustainable comfort" in the biggest U.S. cities has found Dallas residents need to make $1,040 more than they did last year to live comfortably.

    2. Dallas CBD shop will shutter in response to new legislation. A Dallas shop specializing in hemp products is closing. CBD Farmhouse, a woman-owned hemp dispensary, will close at the end of March in response to new legislation in Texas.

    3. 5 best restaurant patios in Dallas to hit on a warm spring day in 2026. It's time to hit the patio. In a search for the best patio, deciding factors include sunshine, comfortable accommodations, an engaging view, and something good to eat and drink. You'll find all of that at these five Dallas hotspots.

    Taco Y Vino Award-winning patio at Taco Y Vino. Photo courtesy of Taco Y Vino

    4. Beloved Dallas retailer Weir’s Furniture to close after 78 years. Weir's Furniture, a family-owned company that has sold home furnishings to generations of North Texans since 1948, is closing the doors to all stores for good. Going-out-of-business sales began March 26.

    5. New gastropub from chef Tiffany Derry lands at EpicCentral Grand Prairie. Dallas' busiest celebrity chef, Tiffany Derry, is readying her newest dining concept for its big debut. The Landing, a gastropub, sports bar, and social lounge, is coming to Grand Prairie's EpicCentral complex.

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    news/city-life

    most read posts

    Dallas CBD shop will shutter in response to new legislation

    Beloved Dallas retailer Weir’s Furniture to close after 78 years

    New gastropub from chef Tiffany Derry lands at EpicCentral Grand Prairie

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