As Ed Whelan noted earlier, this morning the Supreme Court handed down its decision in Fisher v. University of Texas (Fisher II) and a summary affirmance in United States v. Texas. The first decision upholds the University of Texas’s race-oriented affirmative action program by a 4-3 vote, with Justice Kennedy writing for the liberal majority and Justice Alito writing a 50-page dissent. Justice Alito’s opinion starts strong: “Something strange has happened since our prior decision in this case.” We’ll have some highlights from Fisher II in a bit.
The decision in United States v. Texas was a 4-4 tie, leaving intact a district court’s injunction prohibiting the Obama Administration from carrying out its immigration nonenforcement plan. This allows the case to move forward to a trial on the merits.