Geof Stone: "Affirmative Action and the Future" (#UChiLawSCt)

What follows is a condensed version of a statement by a group of constitutional scholars offering an explanation and assessment of the Supreme Court's decision on affirmative action in Monday's decision in Fisher v. University of Texas at Austin:

The U.S. Supreme Court's decision in Fisher v. University of Texas reaffirms thirty-five years of precedent upholding the compelling interest in educational diversity in higher education, and clarifies the legal standards that courts and educational institutions must follow in order to comply with the Constitution.

Consistent with the Court's previous rulings, the Court in Fisher upheld the value of diversity in promoting important educational benefits, in addressing racial isolation and stereotypes, and in preparing students for leadership in a diverse society. At the same time, the Court reinforced its earlier rulings that university admissions policies must be narrowly tailored and necessary to advance the compelling interest in diversity.