On October 30, 2015, the American Educational Research Association filed an amicus curiae brief in the U.S. Supreme Court’s reconsideration of Fisher v. University of Texas at Austin. The association was joined by nine other scientific societies in urging the court to consider an overwhelming body of scientific evidence relevant to the case. The court heard oral arguments in the case on December 9. On June 23, 2016, the U.S. Supreme Court made a 4-3 decision in Fisher, upholding the institution's admissions policy and affirming consideration of race as a factor in higher education admissions. Read more
On Tuesday, June 28, 2016, AERA held a briefing at the National Press Club on Fisher v. University of Texas at Austin. The briefing, titled “After Fisher: What the Supreme Court’s Ruling Means for Students, Colleges, and the Country,” featured a panel of five experts, including Gary Orfield, Theodore M. Shaw, Stella M. Flores, Liliana M. Garces, and Angelo N. Ancheta. The purpose was to address the implications of the decision for ensuring quality education for all students and graduates capable of contributing to the demands of a 21st-century workplace. Issues discussed included next steps in university admissions, best practices for colleges and universities, and potential programs in light of the scientific evidence on the educational benefits of student diversity and the importance of taking race into account. Briefing Materials View briefing evite here. View Media Briefing Press Kit here.
On Monday, December 7, 2015, two days before the Supreme Court heard oral arguments in the reconsideration of Fisher v. University of Texas, Austin, a panel of experts discussed the scientific evidence on the use of race as a factor in university admissions policies and the educational benefits of student diversity. Briefing Materials: View briefing evite here. Media Briefing Press Kit (View / Download) View Amicus Brief here.
View the livestream webcast here.
Defending Affirmative Action Inside Higher Ed, November 2, 2015 No consensus exists in American society about the practice of colleges considering race in admissions decisions. Since the 1970s, colleges have been doing so to try to enroll diverse classes of students (and of course under Jim Crow many colleges considered race to prevent diversity). Read more Affirmative Action at Risk in Supreme Court Case Inside Higher Ed, June 30, 2015 The U.S. Supreme Court agreed Monday to review the constitutionality of the consideration of race and ethnicity in college admissions cases. And many legal experts believe the justices are likely to be skeptical of such consideration. Read more
Supreme Court Is Last Hope for Affirmative-Action Critics in ‘Fisher’ Case The Chronicle of Higher Education, November 12, 2014 The last hope for critics of affirmative action in the case Fisher v. University of Texas at Austin is the U.S. Supreme Court. The U.S. Court of Appeals for the Fifth Circuit on Wednesday denied a petition for a full hearing by the court, setting the stage for a second showdown in the Supreme Court, should it choose to take the case. Read more Next Step in Affirmative Action Case: Full Appeals Court Inside Higher Ed, July 30, 2014 Lawyers for Abigail Fisher on Tuesday filed an appeal in her suit challenging the way the University of Texas at Austin considers race in admissions. A panel of the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 ruling, this month rejected Fisher's challenge. Read more Appeals Court Upholds University of Texas at Austin's Affirmative Action Policy Inside Higher Ed, July 16, 2014 A federal appeals court on Tuesday upheld the University of Texas at Austin's consideration of race in admissions. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit found, 2 to 1, that the Texas program is legal. Read more AERA Executive Director Comments on Obama Administration's New Guidance on the Voluntary Use of Race to Support Diversity in Higher Education September 27, 2013 Felice J. Levine, executive director of the American Educational Research Association (AERA), issued the following statement on the U.S. Department of Education’s release of new guidance to colleges and universities on the voluntary use of race to support diversity in postsecondary education. Read more AERA Executive Director Comments on Supreme Court’s Fisher Ruling June 25, 2013 Felice J. Levine, executive director of the American Educational Research Association (AERA), issued the following statement on the Supreme Court’s decision to send the Fisher v. University of Texas at Austin affirmative action case back to the Fifth Circuit Court. Read more
Read the full text of the brief as well as supporting documentation here.
View information on the 2015 amicus brief co-signers, links to articles cited in AERA et al. amicus brief, and media coverage here.
View links to the 2015 research amicus briefs, special section of Educational Researcher, and more here.