Justices Make It Tougher for State Universities to Discriminate, But Not Tough Enough0

• July 4, 2013

(This is the third of several short commentaries on recent Supreme Court decisions.) The Supreme Court’s recent decision in Fisher v. University of Texas has made it tougher for state universities to run their ethnic spoils systems. But not tough enough. First, the background: The Fourteenth Amendment requires states to extend “equal protection of the