The claim Fisher made against The University of Texas was that students should be reviewed equally and that using race as a deciding factor for admissions was against constitutional rights. In the past, cases related to this began winning with Brown vs Board of Education. Brown vs. Board of Education implemented that “racial discrimination in public education is unconstitutional” and students could not be discriminated by their race (Purdy, pg.1). However, the court’s favoring in this decision was not upheld in the case, Grutter vs Bollinger. This was when “racial preference” for school admissions was condoned by the court (Purdy, pg.1-2). The court decided that a university’s “consideration of race as a factor in university admissions” was
