Day: June 24, 2013

The Disappointing Non-Decision in Fisher

Justice Anthony Kennedy, writing for a 7-1 majority (Justice Kagan recused herself), disappointed both left and right today with his opinion for the Court in Fisher v. Texas, vacating the Fifth Circuit’s decision and remanding it “[b]ecause the Fifth Circuit did not hold the University to the demanding burden of strict scrutiny” required, he said, […]

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