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Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas, David L. Gregory

David L. Gregory

Fisher v. Texas is the latest, and not the last, word of the Supreme Court on Affirmative Action. After forty years of contentious litigation in more than a dozen highly-charged cases, the near-unanimous Fisher Court undoubtedly understands the operational parameters of affirmative action. The Fisher Court is approaching the mid-point of Justice O’Connor’s 25 years to reach the utopian end of affirmative action. Perhaps the loudest silence in the Fisher Court’s recent history was the complete absence of any reference to Justice O’Connor’s 25 years chronology. Affirmative action is not a perfect methodology; rather, it is a flawed theory. But, …