Argument on this was at 10 this morning.
Incidentally, Abigail Fisher was a terrible test case, as not only was she not eligible for the Top Ten Percent plan, she wasn’t even very good academically; a black woman with her profile would be very, very unlikely to get into UT Austin. Unfortunately, that doesn’t mean that she’s not going to win.
One of my favorite moments in law school was in Con Law class, when this dude started claiming that students who get into schools due to affirmative action (however the fuck that would be figured out) have lower test scores/academic data whatever, and when the professor asked him where this evidence came from, his answer was literally “a website.”
Yeah, the professor’s acidic response to that was pretty lovely to behold.
And as an aside, if she didn’t meet UT’s basic admission standards in the first place, the case should be thrown out for lack of standing, anyway. Though of course it’s never the case that that’s just applied or not applied when convenient.
The case still might be. It’s a four-four split if Kennedy comes down on the side of the university, since Kagan recused herself, and they asked several questions about her, indeed, mediocre standing during the argument; it’s probable that’s the avenue they’ll use if they can’t reach a decision.