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Equal Protection Weaponized Against Remedies
- The Equal Protection Clause now functions as a tool to block race-conscious remedies rather than solely protect historically oppressed groups.
- Courts apply strict scrutiny to race-based policies, making remedial measures nearly impossible to sustain.
Fisher's Lawsuit Began With A Phone Call
- Abigail Fisher applied to UT and was denied despite a 3.59 GPA and 1180 SAT, then called a family friend lawyer who had campaigned against affirmative action.
- Her campaign became a vehicle for the Project on Fair Representation to challenge university race-conscious admissions.
Scrutiny Levels Decide Case Fate
- Legal scrutiny levels determine outcomes: rational basis is deferential, intermediate is higher, and strict scrutiny is nearly fatal to laws.
- Because UT explicitly considered race, courts demand strict scrutiny, making policies vulnerable.