[ed. From earlier this year - this case is acutally being heard right now. See also: Supreme Court Justices’ Comments Don’t Bode Well for Affirmative Action]
Court on Monday announced that it would again hear Fisher v. Texas, an affirmative action case in which a white woman claims she was denied admission to the University of Texas because of her race. In 2013, the Court ruled narrowly on the case, requiring the federal appeals court that had ruled against the woman, Abigail Fisher, to re-examine her arguments. Last year, the appeals court again decided against Fisher, affirming that race could be one of the factors considered in trying to diversify the student body at the university.
Months ago, Linda Greenhouse, the Supreme Court expert, asked of the Fisher case: “What will the court do? Let the latest Fifth Circuit opinion, with its endorsement of race-conscious admissions, stand unreviewed? Or plunge back into the culture wars with a case that sorely tested collegial relations among the justices two years ago and that promises to be at least as challenging a second time around?”
The court has now chosen its path. It will re-engage.
In 2013, ProPublica published what became one of the most provocative analyses of the Fisher case. It highlighted an overlooked, deeply ironic fact about the case: when one actually looked at Fisher’s arguments, she actually had not been denied admission because of her race, but rather because of her inadequate academic achievements. Read that analysis, originally published March 18, 2013, below.
Original story:
When the NAACP began challenging Jim Crow laws across the South, it knew that, in the battle for public opinion, the particular plaintiffs mattered as much as the facts of the case. The group meticulously selected the people who would elicit both sympathy and outrage, who were pristine in form and character. And they had to be ready to step forward at the exact moment when both public sentiment and the legal system might be swayed.
That's how Oliver Brown, a hard-working welder and assistant pastor in Topeka, Kan., became the lead plaintiff in the lawsuit that would obliterate the separate but equal doctrine. His daughter, whose third-grade innocence posed a searing rebuff to legal segregation, became its face.
Nearly 60 years after that Supreme Court victory, which changed the nation, conservatives freely admit they have stolen that page from the NAACP's legal playbook as they attempt to roll back many of the civil rights group's landmark triumphs.
In 23-year-old Abigail Noel Fisher they've put forward their version of the perfect plaintiff to challenge the use of race in college admissions decisions.
Publicly, Fisher and her supporters, chief among them the conservative activist who conceived of the case, have worked to make Fisher the symbol of racial victimization in modern America. As their narratives goes, she did everything right. She worked hard, received good grades, and rounded out her high school years with an array of extracurricular activities. But she was cheated, they say, her dream snatched away by a university that closed its doors to her because she had been born the wrong color: White.
The daughter of suburban Sugar Land, Texas, played the cello. Since the second grade, she said, she dreamed of carrying on the family tradition by joining her sister and father among the ranks of University of Texas at Austin alumni.
And the moment for her to lend her name to the lawsuit might never be riper: The Supreme Court has seated its most conservative bench since the 1930s. The Court is expected to issue a decision any week now in what is considered one of the most important civil rights cases in years.
On a YouTube video posted by Edward Blum, a 1973 University of Texas graduate whose nonprofit organization is bankrolling the lawsuit, she is soft-spoken, her strawberry blond hair tucked behind one ear. Not even a swipe of lip gloss adorns her girlish face.
"There were people in my class with lower grades who weren't in all the activities I was in, who were being accepted into UT, and the only other difference between us was the color of our skin," she says. "I was taught from the time I was a little girl that any kind of discrimination was wrong. And for an institution of higher learning to act this way makes no sense to me. What kind of example does it set for others?"
It's a deeply emotional argument delivered by an earnest young woman, one that's been quoted over and over again.
Except there's a problem. The claim that race cost Fisher her spot at the University of Texas isn't really true.
In the hundreds of pages of legal filings, Fisher's lawyers spend almost no time arguing that Fisher would have gotten into the university but for her race.
If you're confused, it is no doubt in part because of how Blum, Fisher and others have shaped the dialogue as the case worked its way to the country's top court.
Journalists and bloggers have written dozens of articles on the case, including profiles of Fisher and Blum. News networks have aired panel after panel about the future of affirmative action. Yet for all the front-page attention, angry debate and exchanges before the justices, some of the more fundamental elements of the case have been little reported.
Race probably had nothing to do with the University of Texas's decision to deny admission to Abigail Fisher.
by Nikole Hannah-Jones, ProPublica | Read more:
Image Susan Walsh/AP
Court on Monday announced that it would again hear Fisher v. Texas, an affirmative action case in which a white woman claims she was denied admission to the University of Texas because of her race. In 2013, the Court ruled narrowly on the case, requiring the federal appeals court that had ruled against the woman, Abigail Fisher, to re-examine her arguments. Last year, the appeals court again decided against Fisher, affirming that race could be one of the factors considered in trying to diversify the student body at the university.
Months ago, Linda Greenhouse, the Supreme Court expert, asked of the Fisher case: “What will the court do? Let the latest Fifth Circuit opinion, with its endorsement of race-conscious admissions, stand unreviewed? Or plunge back into the culture wars with a case that sorely tested collegial relations among the justices two years ago and that promises to be at least as challenging a second time around?”The court has now chosen its path. It will re-engage.
In 2013, ProPublica published what became one of the most provocative analyses of the Fisher case. It highlighted an overlooked, deeply ironic fact about the case: when one actually looked at Fisher’s arguments, she actually had not been denied admission because of her race, but rather because of her inadequate academic achievements. Read that analysis, originally published March 18, 2013, below.
Original story:
When the NAACP began challenging Jim Crow laws across the South, it knew that, in the battle for public opinion, the particular plaintiffs mattered as much as the facts of the case. The group meticulously selected the people who would elicit both sympathy and outrage, who were pristine in form and character. And they had to be ready to step forward at the exact moment when both public sentiment and the legal system might be swayed.
That's how Oliver Brown, a hard-working welder and assistant pastor in Topeka, Kan., became the lead plaintiff in the lawsuit that would obliterate the separate but equal doctrine. His daughter, whose third-grade innocence posed a searing rebuff to legal segregation, became its face.
Nearly 60 years after that Supreme Court victory, which changed the nation, conservatives freely admit they have stolen that page from the NAACP's legal playbook as they attempt to roll back many of the civil rights group's landmark triumphs.
In 23-year-old Abigail Noel Fisher they've put forward their version of the perfect plaintiff to challenge the use of race in college admissions decisions.
Publicly, Fisher and her supporters, chief among them the conservative activist who conceived of the case, have worked to make Fisher the symbol of racial victimization in modern America. As their narratives goes, she did everything right. She worked hard, received good grades, and rounded out her high school years with an array of extracurricular activities. But she was cheated, they say, her dream snatched away by a university that closed its doors to her because she had been born the wrong color: White.
The daughter of suburban Sugar Land, Texas, played the cello. Since the second grade, she said, she dreamed of carrying on the family tradition by joining her sister and father among the ranks of University of Texas at Austin alumni.
And the moment for her to lend her name to the lawsuit might never be riper: The Supreme Court has seated its most conservative bench since the 1930s. The Court is expected to issue a decision any week now in what is considered one of the most important civil rights cases in years.
On a YouTube video posted by Edward Blum, a 1973 University of Texas graduate whose nonprofit organization is bankrolling the lawsuit, she is soft-spoken, her strawberry blond hair tucked behind one ear. Not even a swipe of lip gloss adorns her girlish face.
"There were people in my class with lower grades who weren't in all the activities I was in, who were being accepted into UT, and the only other difference between us was the color of our skin," she says. "I was taught from the time I was a little girl that any kind of discrimination was wrong. And for an institution of higher learning to act this way makes no sense to me. What kind of example does it set for others?"
It's a deeply emotional argument delivered by an earnest young woman, one that's been quoted over and over again.
Except there's a problem. The claim that race cost Fisher her spot at the University of Texas isn't really true.
In the hundreds of pages of legal filings, Fisher's lawyers spend almost no time arguing that Fisher would have gotten into the university but for her race.
If you're confused, it is no doubt in part because of how Blum, Fisher and others have shaped the dialogue as the case worked its way to the country's top court.
Journalists and bloggers have written dozens of articles on the case, including profiles of Fisher and Blum. News networks have aired panel after panel about the future of affirmative action. Yet for all the front-page attention, angry debate and exchanges before the justices, some of the more fundamental elements of the case have been little reported.
Race probably had nothing to do with the University of Texas's decision to deny admission to Abigail Fisher.
by Nikole Hannah-Jones, ProPublica | Read more:
Image Susan Walsh/AP
