Because of the violation of equal protection strict scrutiny should be used. If this is used, the university could prove that the use of race is a compelling state interest. The university would also have to provide information that using race is the only possible way that their goal of diversity can be reached. Because Fisher said her rights under the Fourteenth amendment were violated, the University of Texas should have evidence to prove why diversity is a compelling interest. They would also have to have data about their race-neutral efforts failing at achieving diversity. If the university can prove that diversity is a significant interest to the government, their admission would be
Because of the violation of equal protection strict scrutiny should be used. If this is used, the university could prove that the use of race is a compelling state interest. The university would also have to provide information that using race is the only possible way that their goal of diversity can be reached. Because Fisher said her rights under the Fourteenth amendment were violated, the University of Texas should have evidence to prove why diversity is a compelling interest. They would also have to have data about their race-neutral efforts failing at achieving diversity. If the university can prove that diversity is a significant interest to the government, their admission would be