As reported more than a year ago, the U.S. Supreme Court remanded the Fisher v. University of Texas case back to the Court of Appeals for stricter scrutiny of the University’s consideration of race in its undergraduate admissions policy.  The case centers on Ms. Fisher’s claim she was denied admission to the University based on race in violation of the Equal Protection Clause of the U.S. Constitution.

This week, the Court of Appeals issued a decision once again upholding as constitutional the University’s consideration of race as a “factor of a factor” in its admission policy.

In a lengthy opinion relying heavily on minority and non-minority admission numbers under the University’s different programs to encourage minority admissions, the court ultimately held the admissions program is narrowly tailored to achieve the University’s compelling state interest in the recognized educational benefits of student body diversity.

While the case is not directly applicable to affirmative action under federal laws and regulations, these cases can affect public perception of affirmative action in other cases.  Stay tuned as the case may once again find its way to the Supreme Court before its final conclusion.