When it comes to today’s 7-1 decision, Fischer v. University of Texas, while it was always a federal case, it was remanded down not to the state level* but to the lower level. While it is being sent down (and I earlier reported to the states, no one should think about down as in punting — either kicking footballs or using poles to guide yourself down any tame and civilized rivers — think pole vaulting. The Supreme Court invites all lower courts to toss out affirmative action plans premised on diversity,which is after all a positive rather than a negative way of viewing race.
I will speculate as to the possible consequences of this decision soon, but the one thing any thinking person can conclude is they will be undoubtedly significant. Meanwhile read thedecision yourself before coming up with your own conclusion or opinion that there is little gentle about this 7-1 decision despite the strong majority Chief Justice Roberts’ rallied.
*correction (thanks)
Ruth Frick O'Brien 