Fifth Circuit upholds University of Texas affirmative action program in Fisher case on remand from the Supreme Court

A divided Fifth Circuit Court of Appeals panel has upheld the University of Texas' program of racially based affirmative action in admissions. That court's previous decision upholding the program was vacated by the Supreme Court last year in an important ruling that required the court of appeals to reconsider the program without any deference to university's judgment about whether racial preferences are needed to achieve the educational benefits of diversity.

Asian-Americans, affirmative action, and the “political restructuring” doctrine: Does the doctrine work when there are minority groups on both sides of the issue?

Today's Supreme Court decision upholding Michigan's ban on racial preferences in college admissions turns on the "political restructuring" doctrine, which holds that states cannot reconfigure the political process in ways that impose special burdens on minority groups. Defenders of the restructuring doctrine don't have a good explanation of how it can be applied in an increasingly diverse America where there are often minority groups on both sides of any important policy issue.