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[quote=Anonymous]"Since Justice Kennedy is the likely swing vote in this case, many observers, think it likely that Abigail Fisher will prevail in round 2, with the major question being whether the Court will find in her favor without remanding or whether it will remand with an instruction that the case be returned to the District Court for a full evidentiary hearing.

If the Court does find for Fisher, the implications for other schools that use affirmative action would depend on the Court’s opinion.

If the number of minorities admitted to Texas through the 10% plan is a crucial consideration, the fallout from Fisher is likely to be limited since percent plans cannot be used by graduate and professional schools, nor will they do much to boost minority enrollments in states that do not have large numbers of majority minority high schools. If, however, the opinion sees strict scrutiny as imposing a particularly onerous test, including placing on universities the burden of showing that they have already tried almost every way of increasing minority enrollments and nothing has worked, then the fallout may be both wide and deep."[/quote]

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