Monday, February 25, 2013

Predictions: Fisher v. University of Texas

At The Volokh Conspiracy blog, George Mason University Law Professor Ilya Somin writes: oral argument in Fisher v. University of Texas largely bears out what most observers expected - five conservative justices seem inclined to strike down Texas' affirmative action program. After presentations in class, do you agree with Professor Somin: will the Supreme Court eliminate race as a component of UT-Austin's wholistic admissions program by a narrow margin? 
 
MAKE A PREDICTION: what will the Supreme Court decide in Fisher v. University of Texas? Will the court uphold the university's admissions policy or strike it down as unconstitutional? Recalling that Justice Kagan has recused herself, what will the margin be? (4-4, 5-3, 6-2, 7-1, 8-0)

126 comments:

Luke said...
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Luke said...

I do believe that the Supreme Court will strike down against the Health care plan Obama's Administration has planned to implement. From our class presentation and the inference that there are 4 liberal judges, and 4 conservative judges, it is easy to assume it wouldn't not be by much. Also, with Anthony Kennedy being the moderate judge on the case, he might end up holding the lever to whether the plan is ruled constitutional or unconstitutional. So my prediction is that the court strikes down the Health Care Act in a 5-4 margin.

Megan Riney said...

After the research that has been done in today's class, I agree with Professor Joondeph that the Supreme Court will strike down the Patient Protection and ACA at a 5-4 margin. First, we inferred that there are 5 conservative judges versus 4 liberal judges. Due to conservatives generally being against "Obamacare" and liberals supporting it, this supports the prediction that the margin will be 5-4. Also, I believe the 5 judges voting to strike down the health care plan will deem it unconstitutional, especially because of the 10th Amendment that states government can't make people buy healthcare.

Beys said...

I believe that the Supreme Court will rule unconstitutional 5-4. I believe it is unconstitutional because the Mandate violates the Commerce Clause, the 10th Amendment, and also taxing power. It is unconstitutional because it forces commerce that does not exist. Potential commerce is not commerce. Potential commerce has an impact on commerce. For these reasons I believe that it will be ruled unconstitutional, but not by much.

Claire Criss said...

The act will most likely be shut down due to the Commerce Clause in the constitution. This argument is the fact that congress will not be able to control healthcare because healthcare was created by the government. This has been a major issue throughout all of the Obamacare discussions and will undoubtedly lead to its failure.

Nicole K said...

Based on the slides of our class, I believe that the Supreme Court will not pass the Obama Administration's health care law because there are 5 conservative justices and 4 liberal justices. I predict that it will be a 5-4 margin. I also predict that the Act will be deemed unconstitutional on the grounds that Amendment 10 states that the government cannot make the people pay for healthcare.

Daniel K. said...

After learning that there are 5 conservative and 4 liberal justices on the Supreme Court, i beleive that the Supreme Court's ruling will strike down the Health Care Act in a 5-4 margin, favored by the conservatives. Conservatives are generally against "Obamacare", and i believe that these conservatives will rule it unconstitutional.

Cameron said...

In the Supreme Court the conservatives out-number the liberals 5-4. From the research which I retained from the slides, the conservatives are against Obama care saying that it is not fair for the rest of America to have to pay for others health insurance, and also that Congress does not have the right to rule over what Americans buy and do not buy. Furthermore under the Commerce clause the Congress has the power to overlook on-going commerce in the country which are included under the constitution. Since nowhere does it state that Health Care is under this, and many conservatives believe that Congress simply made up the industry to then regulate it, I believe that the Supreme court will claim the law unconstitutional by a 5-4 vote.

Brookie H said...

After researching the ‘Obamacare’ bill, I believe that it will be ruled as unconstitutional. Under the U.S. Constitution in the Commerce Clause (Article I, Section 8, Clause 3), it gives Congress the power to regulate, but not mandate purchase of any types of goods or services among all Americans. However, the Affordable Health Care Act violates this part of the Constitution because President Obama wants to make the purchase of health care a mandate. I predict that the conservative Supreme Court Justices will use the Commerce Clause to help them rule ‘Obamacare’ as unconstitutional. In class we discussed that there are four liberal Supreme Court Justices, four conservative Supreme Court Justices, and one Justice who could swing either way in accordance to a decision over the proposed Health Care bill, but who was appointed by a Republican president. Due to the fact that Kennedy, or the moderate Justice, was appointed by a conservative president, I feel that he will end up choosing to side with the other four conservative justices. So, I think the margin will be 5-4 with the bill being ruled as unconstitutional.

Marcy A said...

I think the court will uphold the Obama Administration's health care law by a margin of 6-3. In many of the court cases before the Supreme court, the judges voted the law was constitutional. Therefore, I think the law will be voted constitutional. I think the margin will be 6-3 because majority of the cases decided constitutional, but there were a few which voted opposite. Also, I think the margin will be close since the final decision is expected for June, therefore the court is having trouble coming to a conclusion.

Colton U said...

After researching and presenting in class, I believe that the Supreme Court will strike down against the Health Care plan in a 5-4 margin. I believe this to be true because we learned that there are 5 conservative judges versus 4 liberal judges. Since conservative judges are mostly likely going to be against Obama care and the liberals for it this gives us an easy insight on the likely turn out that it will be 5-4 favoring the conservatives. So my prediction is that the court strikes down the Health Care Act barley with a 5-4 margin.

Josh T. said...

I agree with Luke that Obama's Health care plan will be struck down by the Supreme Court. An evenly divided set of liberal and conservative judges will make for a heated debate whether Obama's plan is unconstitutional or constitutional. I think that the plan will be deemed unconstitutional because it is just too invasive into the lives of Americans. One should not be required to buy a cell phone just to be able to call 911 whenever needed. Health care should not be passed as a constitutional amendment.

Katherine Trent said...

I think healthcare reform is a progressive and necessary, but I do not believe Obama’s plan will ultimately be passed by the Supreme Court. Given the division of the Supreme Court justices, the vote will inevitably be close, but in my opinion the con will edge out a small majority at 5-4 because of the mandatory aspect of the bill. However, I would hope to see the Affordable Care Act (ACA) strongly considered. While it would not have the same overall mandated insurance, it could bring people the care they need at an affordable rate. In return this would lessen the cost tax payers already pay for people under government subsidized care. All people should have health care, but to make it mandatory is unconstitutional.

Christina B said...

I believe that the Supreme Court will deem the Affordable Care Act unconstitutional at a 5-4 margin. Through the research we did in class, I learned that there are 4 liberal judges and 5 conservative judges, therefore having the conservatives outnumber the liberals. Conservatives generally oppose the ACA and believe that the government is too involved in American's personal lives. Since there are more conservatives and they oppose the ACA, I believe that the judges will strike down the Patient Protection and Affordable Care Act as unconstitutional.

Andrew Boyd said...

After today's class on the decision making in the Judicial branch I have learned a lot about how the justices make their decisions and what influences them. I agree with Professor Joseph on the fact that the Supreme Court will not up hold the Patient Protection and Affordable Care Act by a 5-4 margin. I believe this because there are five conservative judges and only 4 liberal judges. Due to the fact the the conservatives are against President Obama's health care reform, they will strike down the bill. The liberals will uphold the bill, but there are five conservative justices and four liberal justices so the conservatives will prevail by a 5-4 margin. The conservative justices will most likely back their decision by declaring "ObamaCare" unconstitutional because it mandates people to buy healthcare.

Nick izzard said...

Though Obama's health care reform is a good one and is necessary for our time, I believe that the Supreme Court will over rule this piece of legislator and label it as unconstitutional. With the Affordable Care Act (Obama care) being a Liberal piece of legislator I believe that the 5-4 ratio of Republican to Democratic Justices will have a large influence on the final ruling in this decision. I believe that it will be a heavily debated topic but the final outcome will be 5-4, pro to con. This outcome will not solely be due to the ratio of republican to democratic justices though. I believe that this will be the proper ruling over this bill. The mandatory health care that this law instates is unconstitutional. The tax increases that it will introduce are far too large to be seen as constitutional.

Brooke Bode said...

Evemthough I believe that everyone should have access to health care no matter what their socio-economic status is, it is unfair that those who do not have health care and cannpt afford it increase what those who have health care pay. However, the Supreme Court will probably rule 5-4 deeming the ACA unconstitutional because it mandates that all people have to be insured which the conservative judges do not want. The majority of the Justices are conservative, meaning that they will vote it unconstitutional due to the tax increase if people do not comply.

Daniel Acosta said...

I believe the court will strike down the health care law. After researching some of the arguments from each side, pro or against ACA, I believe that it will be a close call at a 5-4 vote. The ACA would help to an extent but to what extent does it have powers of regulation. All the several conditions that would affect a judge's opinion will greatly determine the out come, and seeing as there are four "liberal" judges i believe that they will be the ones who will vote pro but the rest being "conservative" and "moderate" will most likely vote against the ACA. In the end even if it is passed the law would create many issues and people who dislike it will try and take it down. Over all though I believe it will not be passed.

Daniela Ramirez said...

After learning about Affordable Care Act or Obamacare, I believe it would be considered as unconstitutional in a 7-2 margin because it violates a very important clause known as the commerce clause. Although it is not imposed in the courts, the tenth amendment is also violated and this is the main reason that led to my thinking that Obamacare is unconstitutional. There is a great point about saving the insurance program but Congress cannot simply require citizens to get a "power" they cannot afford.

Blair S. said...

With the research and analysis done in class, I believe the Supreme Court will strike down the Affordable Care Act bill 5-4. The vote will be this close because there are 4 liberal judges who will vote for the bill and 4 conservative judges who will vote against the bill. The remaining and deciding vote is left up to justice Kennedy who is very difficult to read based on his voting record. The reason for the Supreme Court voting against ACA is because the law is unconstitutional based on Commerce Clause in the 10th Amendment. Since justice Kennedy is not on one side or the other he is not biased, which will allow him to see the law as unconstitutional and vote to strike down the law.

Maddi M said...

Everyone should have access to health care no matter what their socio-economic status is however, I believe that the Supreme Court will vote against the Affordable Health Care Act (ACA) 5-4. Even though there are a variety of judges that range from liberals, to moderates, to conservatives, I truly believe that the conservatives and the moderates will strike down the bill. The Supreme Court will vote against the ACA because the law is first and foremost unconstitutional.

Eric M said...

I predict that the Supreme Court will support the "Patient Protection and Affordable Care Act" on the basis of how the law is actually enforced. American citizens will not be forced to buy the government provided health care insurance package. Each American household will have to make the responsible financial decision on whether to participate in the program or not. The bill simply gives the government the power to issue a penalty in the form of a fee on their income tax return if they do not buy the government health care package. This penalty helps pay for the program. According to Article 1 Sec. 8 Clauses 1 and 3, the United States Congress does have the power to "lay and collect Taxes" and "regulate commerce among the several states." The Supreme Court will vote 6-3 or 5-4 in favor of the "Patient Protection and Affordable Care Act". The votes in favor of the "Patient Protection and Affordable Care Act" will come from the more liberal justices: Elena Kagan (Obama appointed), Sonia Sotomayor (Obama appointed), Stephen G. Breyer (Clinton appointed), and Ruth Mader Ginsburg (Clinton appointed). In addition, I predict that John G. Roberts, Jr. will support the health care plan based on his previous support of the "Necessary and Proper Clause." In my view, the result of the case is at the hands of Justice Anthony M. Kennedy who is not completely convinced either way.

Tucker D. said...

It is my belief that the Supreme Court will strike down the “Obamacare” health bill on a 5-4 vote with the 5 conservatives voting against the bill. I completely agree with Professor Joondeph when he says that five republican chair holders will uphold a conservative point of view. It is for this reason that I feel the bill will be rejected as it is too extreme for the conservatives to take at the moment. I also believe that the Act will be deemed unconstitutional due to the 10th Amendment which states that the government cannot make the people pay for healthcare.

Selina R said...

I agree with Professor Joondeph that the Supreme Court will strike down the Patient Protection and Affordable Care act. I also feel that the Act will be rejected by a 5-4 margin. I believe this because from research, we gathered that there are five conservative judges against four liberal judges. The liberals are out matched and conservatives are normally opposed to the “Obamacare”. I think this act will be struck down also because it violates the 10th Amendment, which states that the government can’t make people pay for healthcare.

Emily L said...

After learning and researching about the Affordable Care Act, I believe that the Supreme Court will ultimately vote against it with a 5 - 4 margin. Although I think that having healthcare would be very beneficial to everyone, the judges in the case will be the deciding factor. According to my research, there are four conservative judges, 4 liberal judges, and 1 moderate judge. The one moderate judge, who is more of a swing vote, will eventually see the ACA as unconstitutional due to the 10th Amendment Commerce Clause, which states government cannot mandate healthcare for people.

Michael Murph said...

I agree with Professor Joondeph in that I believe that the Supreme Court will strike down the Patient Protection and Affordable Care Act by a 5-4 margin. We learned today in class that the conservatives, who are against “Obamacare,” out number the liberals. There are five conservative judges versus four liberal judges. This means that the conservatives will win by a majority. I believe the conservative judges will declare “Obamacare” unconstitutional because the government cannot force people to pay for healthcare.

RidaBaharia said...

After looking into the Affordable Care Act, I feel as if the health reform will be voted against in a 5-4 margin. Considering that there are 4 conservative judges, and 4 liberal judges and 1 swing vote judge who is leaning further towards voting against the reform, the chances of this reform being a 4-5 margin are slim to none. "Obamacare" will no be passed from what I can see.

Travis S said...

My prediction for the Obama Healthcare debate in the supreme court is that it will be declared unconstitutional. This is because as we learned in class that there are 4 conservative judges, and 4 liberal judges, with one other judge that jumps back and fourth between the sides. I feel that the 8 judges that are constantly voting conservative or liberal will take those sides on the ruling. I feel that the swing voter Anthony Kennedy will choose the conservatives side and make it a 5-4 ruling that "Obama Care" is unconstitutional.

Q said...

Once we learned all the information dealing with the Health Care Reform, I believe that it is very likely that the appeal might be approved. In the previous cases to declare this unconstitutional, it had a split record and it was brought right to the Supreme Court. On this court, there is a split number of judges on the court can make the decision to be dragged out longer. So based off this, then I do believe that the Act will be struck down at a 5 to 4 margin within the supreme court.

Madison V said...

I predict that the Supreme court will not pass the Affordable Care Act. When doing our research in class, we learned that there are four liberal and four conservative judges as well as a swing vote judge. Anthony Kennedy is the prized swing vote, who many believe will vote conservative in this ruling. Because of this, I believe there will be a 5-4 ruling in opposition to the reform.

Anonymous said...

After our class discussion and researching about the affordable care act, I agree with Professor Joondeph's prediction that the supremem court will vote Obama care unconstitutional. The ratio being 5 conservative justices to 4 liberal justices will influence the final decision. Part of the reason it will be considered unconstitutional would be because of the large tax increases. As well as it forces people to buy healthcare. I also agree and dont think health care should be passed and that it is unconstitutional.
-Megan Reynolds

Anonymous said...

After the presentations on friday, I believe the Supreme Court will strike down the Patient Protection and Affordable Care Act by a 6-3 margin. In our presentation there were 4 liberal and 5 conservative judges so the conservative judges out number the liberals by a little. The conservative judges will mosty likely state Obama's plan as unconstitutional, while the liberal's are for it, some may get pursuaded by the majority and consider it unconstitutional because it mandates people to buy healthcare which is unfair leaving them with a 6-3 margin.

-lauren bookout

SHELEY23 said...
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SHELEY23 said...

From research we did in class I can infer that the Supreme Court's decision regarding the Obama Administration's health care law will not be struck down. One reason being that they were four liberal judges 4 consecutive judges and 1 moderate judge. Kennedy being the moderate judge, I feel as if he plays as a fulcrum is the decision. Which ever he goes that side wins. Kennedy has the say whether the law is unconstitutional or constitutional. With that being said, I believe that Kennedy would go with the liberal side, therefore making the law constitutional. By a 5-4 margin

Lauren S said...

I think that the Judges will vote in a 5-4 margin on the topic of ‘Obamacare’. By identifying the political affiliations of the judges in class, we learned that there are more (5) judges who could sway their opinions in a conservative direction. I think that the conservative votes of the judges will overpower the democratic votes. This means Obamacare would be named unconstitutional because the conservatives don’t think that healthcare should be mandated.

jack leslie said...

after the research and discussion done in class, i believe the supreme court will rule the Affordable care Act and patient protection because of the 5-4 margin in the supreme court. this margin favors conservatives which is why i believe the Act will not pass.

chris cole said...

I believe that the ACA will be denied and shut down by the Supreme Court with 5-4 margin. Knowing that there are 4 conservatives and 4 liberals, with 1 extra conservative who doesn't usually lean to far but is conservative, it is safe to say that it will be a 5-4 margin. Also, the act is unconstitutional because people do not have to buy healthcare, which is what this act would do.

woodyleonard said...

I believe the supreme court will rule against Obama care. Whether it is a good plan or not it is not constitutional because the president can not force everyone to buy a certain product or service. I believe that it will be very hard for Obamacare supporters to convine the judges it is constitutional.

Abby T. said...

I agree with Professor Joondeph in that the Supreme Court will strike down the Patient Protection and Affordable Care Act by a 5-4 margin. My prediction is that it will be very close, but still ruled unconstitutional. We learned in class that there are 5 conservative judges and 4 liberal judges. The conservative judges are more likely to vote against Obamacare and the liberal judges are more likely to vote for Obamacare.

Julie Wheeler said...

I believe that the Supreme Court will eventually vote against the Affordable Care Act with a 5 - 4 margin. I think that it would be very beneficial but it will be the judges that decide that. Like we learned in class, there are 4 conservative judges, 4 liberal judges and 1 swing voter who is more so on the conservative side. Considering those factors I strongly believe that the Act will be voted against.

Cooper said...

Based on what we learned in calss which was mainly that there are more judges that will most likey swing to a more conservative point of view. Knowing all of that, there will be a very likely 5-4 vote that the conservatives will win over the democrates. Meaning that if the conservatives were to win in the supreme court, that the Affordable Care Act, or "Obamacare", will be deamed unconstitutional because the Conservatives believe that healthcare shouldn't be mandated.

Natalie Johnston said...

I believe that the Supreme Court will ultimately declare the Obama Administration health care law unconstitutional. The primary responsibility of the judiciary is to protect the Constitution. The act is currently under review for certain violations of the Constitution, including its possible violation of Article 1, Section 8, Clause 3, also known as the Commerce Clause. It states that Congress has the ability "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Obama has based his justification of the health care mandate by saying that he is authorized to do so through the Commerce Clause, but can health care be considered 'commerce'? The exact definition of commerce is what is causing the split between those who believe it to be constitutional and those who believe it to be unconstitutional. In my opinion, the margin will be 5-4 because it is likely that more conservatives will vote against the law, one of the reasons being the violation of the Commerce Clause.

Jack M. said...

In my opinion, I believe that the Supreme Court will rule this Act as unconstitutional. There are many reason that involve the base nature of the Act and also the voting patterns of the judges. Currently the Supreme Court judges are split 50-50 with 4 of each Democrat and Republican with one swing voter. In my opinion the swing voter will choose to vote unconstitutional because it violates the Commerce Clause. Due to this, I predict a 5-4 vote with the Republican coming out on top and the Affordable Health Care Act being deemed unconstitutional.

Sydney Dunbar said...

Obama's updated and necessary health care reform plan will not make it throught the Supreme Court. The republican judges will overrule the very liberal Affordable Care Act 5 to 4. The time spent debating it will be tremendous but i dont not bleive that the political party of the judges will be the sole reason that it is removed. The tax increases will be very large, and I don't think its the step in the right direction American's will be able to make yet.

Emily S. said...

After our extensive class discussion, I have come to a conclusion that the court will strike down the bill as unconstitutional with a 5-4 margin. My group and I had the opportunity to analyze the critical questions that the Supreme Court judges face and now I understand both sides of the issue. I think that because of the Commerce Clause (Article I, Section 8, Clause 3) that states Congress shall have the power to “…regulate commerce with foreign nations…” clearly explains why this bill is unconstitutional. The constitution says that Congress can regulate commerce not mandate it. This slight alteration in language will make a huge difference in the outcome of the bill.

Sara MacDowell said...

After reviewing Obama's Affordable Care Act in class yesterday, I have come to the conclusion that this piece of legislation will be declared unconstitutional by a 5-4 margin. In other words, the five conservative justices, who disfavor ACA, will overrule the four liberal justices, who support ACA. In my opinion, the five conservative judges will refer to Article 1, Section 8, Clause 3, "To regulate Commerce with foreign Nations, and among the several States..." in their decision to abolish the Affordable Care Act. In this section of the Constitution, the five conservative justices can prove that Congress only has the power to regulate commerce, not mandate it, and the ACA does not adhere to that.

Jonathan W said...

Our class discussion has lead me to believe that the margin will be 5-4 in favor of striking it down as unconstitutional. In the 10th Amendment, it says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." People have the right to be health care on their own and it is unconstitutional for some people to pay for the health care of other people when they do not spend anything.

Hunter Prater said...

In the Supreme Court there are five conservatives and four liberals. Based on this fact the conservatives have the upper hand on every vote if they vote like each other. The conservatives do not support the Affordable Care Act so based on this I don't think they will vote to pass it. This will result in five votes for the conservatives and I think the liberals will vote to pass the ACA. My prediction is that it will be a 5-4 vote.

Cole B said...
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Anonymous said...

I believe that the The Supreme Court will declare the Obama healthcare act will be declared unconstitutional. In yesterday’s class discussion, we learned that there are 4 conservative judges and 4 liberal judges currently residing in the Supreme Court. There is one judge who is considered a “swing voter.” Based on his previous votes, he will swing more toward the conservative side. This will cause the outcome to be 5-4, ruling “Obama care” as unconstitutional.

Cassidy H

Cole B said...

I believe that the Supreme Court will rule it unconstitutional. Through our class discussion I learned that there are currently five conservatives and four liberals in the Supreme Court. Because of this fact, I believe that the conservatives will vote the ACA unconstitutional 5-4. Also, the ACA or "Obamacare" would be a direct violation of the Commerce Clause. With all these factors it is easy to see that the ACA will be voted unconstitutional.

Cate Crowe said...

I predict that the Supreme Court will not pass the Affordable Health Care Act. In class today we learned that the conservative judges out number the liberal judges five to four. Because Conservatives are typically against Obama care, I believe that the Supreme Court will vote against the act 5 to 4. I also think that the Conservative judges will declare the Act unconstitutional, and it will not pass.
-Cate Crowe

Lauren C said...

According to what we discussed in class, I believe the Supreme Court will declare the Patient Protection and ACA unconstitutional. In our discussion, we learned there are five conservative judges and four liberal judges. Generally speaking, conservatives disagree with and do not favor "Obamacare," while liberals mainly support it. In using this generalization, the five conservatives would vote and win with the majority against the ACA. Therefore, I predict there will be a 5-4 margin in favor to strike down the Patient Protection and ACA.

Blake Ransom said...

I believe that the supreme court will not pass the affordable Health care act.Because this act is mainly a liberal act and conservative judges usually go against liberal judges they will vote it down making it an unconstitutional act. Because in class we discussed that there is four conservative judges against four liberal judges, so it will all come down to the Kennedy because he is known as the swing vote. On this subject i beleive he will go with the conservatives because he has a conservative pass even though being moderate

Molly Aaron said...

Based upon the research done in class regarding Obama’s Affordable Care Act (ACA), I predict there will be a 5-4 margin for health care act (5 conservatives and 4 liberals). There is no doubt that the reform would be a great move for the nation, however, I think the Supreme Court will over rule it and mark is as “unconstitutional”, the reason being explained in Article I, Section 8, Clause 3 of the Commerce Clause. The outcome will solely reflect on the democratic, republican ratio.

ellis cupit said...

Based upon my research in class today, I believe the Supreme Court will vote Obamacare to be unconstitutional 5-4. We learned that there are 4 conservative judges and 4 liberal judges with one moderate pulling the trigger for the ultimate decision. This bill is very liberal in my opinion and because of this the one moderate judge will vote unconstitutional to retain his moderate ideals.

Kellye McGuire said...

Due to research and class discussion, i believe the Supreme Court will strike down against the Affordable Care Act. I believe that the ruling will be 5-4 ruling against the Act. I believe that it will be marked unconstitutional due to section 8 of Article 1 and the attempt to force people to buy healthcare. The two moderates will most likely follow the conservatives and strike down the bill.

K Shore said...

Based on our class discussion, I believe that the Supreme Court will rule 5-4 against the Affordable Care Act, ruling it unconstitutional. Amendment 10 says that the government cannot make people pay for healthcare. The 4 liberal judges will vote for, and the 5 conservative judges will vote against.

JulianneJacobs said...

Based on today's research, I believe that the Supreme Court will most likely vote against the Affordable Care Act. The vote will most likely be 5-4 since there are 5 republicans and 4 liberals. Republican appointees rarely agree with "Obamacare," so the vote is not likely to be a swing vote. Republicans will vote against this because they can argue that it is unconstitutional.

Sterling said...

Honestly, I believe that while the vote is close, the decision will most likely come down to Kennedy, the most moderate judge of the entire supreme court. However, while known to be a swing voter, Kennedy has a history of siding with consevative views. so, most likely, the healthcare act will be struck down.

~SH

Ryan said...

Through doing research of the Affordable Care Act, I think that it will be voted against in a vote of 5-4. If one takes a step back and looks at the different judges and their perspectives, an very educated guess can be made about the outcome. With 8 of the judges split between conservative perspectives and liberal ones, there is one left that is a swing vote. This swing vote judge is leaning more toward voting against the Act, saying that it is unconstitutional under the 10th Amendment as well as Section 8 of Article 1 of the Constitution. The four liberal judges will vote for it because they have the same perspective that the Obama administration has in trying to implement this bill. However, in the end, the swing vote judge will side with the conservative judges and it will end in a 5-4 vote.

Photography said...

Based on the reading and presentations done in class, I personally believe that the Supreme Court will not pass the Obama Administration’s health care law. I believe that the Supreme Court will not pass the Obama Administration’s health care law because there are 5 conservative justices and 4 liberal justices. Having 5 conservative justices and 4 liberal justices will cause there to be a 5-4 margin against the Obama’s health care law. Also, I believe that this Act is unconstitutional according to the 10th Amendment which states that the government cannot make the people pay for healthcare.
Preston K

Sam Kimichik said...

Because of the outnumbering of conservative judges to liberal judges on the Supreme Court, i believe that Obamacare will not pass. I predict that the Affordable Care Act will be deemed unconstitutional, because it violates the Commerce Clause, and will not be passed by a 5-4 margin.

morganB6 said...
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morganB6 said...

A violation of the Commerce Clause (Article 1, Section 8, Clause 3), "Obamacare" is likely to be rejected by the Supreme Court with a 5-4 margin. In addition to contradicting Congress' Constitutional grant to regulate but not mandate purchases by Americans, "Obamacare" has no chance against a majorly Conservative Court. With four Conservative Justices and four Liberal Justices, along with one Justice who's vote ideally wavers between the two sides, "Obamacare" has an equal opportunity to be approved or denied. However, the moderate Justice was appointed by a Republican President. This leads me to believe Justice Kennedy will swing towards the Conservative side.

Paxton S said...

I believe that the supreme court will most likely consider the Obama Administration's health care bill unconstitutional at a 5-4 vote. The conservative judges will assuredly deem the bill unconstitutional and, with the one swing judge's vote leaning toward the conservative view, according to Joondeph, a five to four vote is highly plausible. Mandating that the American public purchase something, in this case healthcare, is heavy issue to argue, but the supreme court will probably vote the health-care bill unconstitutional.

Upper School Government and Economics said...

I started reading these comments thinking I would keep a tally of 'how many students predict that ACA will be struck down as unconstitutional' vs how many students think the Supreme Court will affirm the law's constitutionality. Sheesh! The vote is not even close - only 3 students think the Justices will rule in favor of the Obama administration.

What's interesting is that most who predict 'unconstitutional' seem to suggest that the justices will follow 'conventional wisdom' regarding application of their conservative/liberal ideologies...

... I'm hopeful, on the other hand, that the Justices will offer a clear rationale for their decision based the details of this one individual case - and perhaps leave their personal poiltics aside in the process.

Kamil said...

I think that the supreme court will vote the Obama Administration healthcare bill unconstitutional. I think it will be a 5-4 vote because there are 4 conservative judges and 4 liberal judges and the swing vote judge seems to leaning towards the Conservatives. I don't think congress should be allowed to mandate something to all the citizens to help them, it should be our own choice, going back to a "free" country.

DillonS said...

From the presentations from class, I believe that the Obama's Health Care Plan will be rejected by the Supreme Court with a 5-4 margin because there are 5 conservative justices and 4 liberal justices. I think that the Act will be ruled unconstitutional on the basis of the 10th Amendment that states that the government cannot force people to pay for healthcare.

Chris P said...

While the ruling of the Supreme Court with respect to the constitutionality of the PPACA has already been announced, my prediction before the announcement was similar to many: the court would rule the PPACA unconstitutional by a 5-4 margin, or more specifically the individual mandate unconstitutional by a 5-4 margin with most other parts remaining intact provided severability would not be an issue. While I was correct in the majority of my prediction, the court did uphold the individual mandate under the reasoning that the “penalty,” as it is outlined in section 5000A of the Internal Revenue Code, acts constitutionally as a tax and thus falls under the right of Congress to “lay and collect taxes” (Art. I, §8, cl. 1). When first investigating the individual mandate, the label of “penalty” (which was one of the main reasons it did not violate the Anti-Injunction Act) with respect to the purchase of healthcare lead me to believe that it may violate the commerce clause as congress would be regulating economic inactivity, a power that congress does not possess. Yet, as Chief Justice Roberts states in his opinion, “. . . it is abundantly clear the Constitution does not guarantee that individuals may avoid taxation through inactivity. . . . But from its creation, the Constitution has made no such promise with respect to taxes” (Slip Opinion 41-42).
With respect to the influence of political biographies, I thought that constitutional issues would be the largest determining factors with political biographies retaining significant influence. It is difficult often to separate the two justifications as political biographies often indicate the manner in which a judge interprets constitutional issues. In the courts decision, Chief Justice Roberts decided not to vote strictly along party lines and stick with what he believed to be a constitutional law. In such a landmark case during a time in which the favorability of the Supreme Court is at an all-time low, Roberts majority opinion reminds the public the true purpose of the Supreme Court: “The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness” (Slip Opinion 50).

Quotes: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

Anonymous said...

just dropping by to say hello

Conor said...

Based on the information provided in our class mock trial, there seems to be an overwhelming amount of evidence that supports Fisher's side of the case. It seems as if the University of Texas uses race as too big of a factor in its admission process. While diversity is important, the top 10% rule which accepts students automatically from all different backgrounds provides a substantial amount of diversity for the university. Therefore, race should not be a part of the equation because one's grades and tests scores will prove if someone is capable of doing well in the university, not their race.

Bryce H. said...

I believe that the Supreme Court will vote in a tie, 4-4. Fisher's representatives have not provided sufficient evidence to show that her constitutional rights have been violated. While most of the conservative judges will automatically vote against affirmative action, at least one will vote across party lines. On the other side, all four liberal judges will likely vote in favor of UT and affirmative action. Thus, with the case ending in a tie, the lower court's decision will be upheld, meaning that UT's admissions process is upheld.

Will.S said...

I believe the court will rule in favor of Abigail Fischer, meaning that the University of Texas will have the exclude the race factor within their holistic review for non-top 10% applicants. Morally, it should be the most qualified who are accepted into the University of Texas. To back up this point, Abigail Fischer had her constitutional rights violated, as the 14th amendments creates equal protection. It is unconstitutional for a minority with lower credentials to be accepted to Texas than a white person with the higher credentials. Race NEEDS to be excluded, and I believe that the court will realize this and rule in favor of Abigail Fischer.

Anonymous said...

I believe that the Supreme Court will rule in favor of the University of Texas in this case. From what we have learned about the case thus far, Fisher's representatives do not have strong enough evidence to support her case that she was denied admission due to her race. At the time she was denied admission to the university, the state of Texas required the university to admit the top 10% of graduating students in each high school in Texas. This automatically took her out of the category of review for automatic admission due to her top 12% rank in her high school. The university did a holistic review of her application only to find that she was not qualified enough for acceptance into the school. She was not denied her constitutional right because the law that was in place did not include her due to the fact that she was not in the top 10% of her class therefore I believe the Supreme Court will rule in favor of the University of Texas.

Chandler N.

MeaganF said...

I believe that the Supreme Court will vote in fsvor of the University of Texas because Fisher's 14th amendment rights were not actually violated. Also, it cannot be determined whether or not race was the deciding factor in Fisher's rejection from the school. Finally, the argument that if there were two people with the same application of different races, that the minority race would be accepted is not accurate. No two people will ever have the same application.

Erika I said...

I believe that the court will rule in favor of The University of Texas in a 5-3 vote. Although Fisher's side does make point out some compelling arguments, the University of Texas lawfully retains its right to choose who they admit. Furthermore, the University of Texas has insisted that applicants of all races are considered equally, and that they holistic review includes much more than race alone. Diversity in college is a necessity, and will benefit all students in the long run. The University of Texas upholds that in order to create a diverse learning environment, a multicultural student body is essential.

Erika I

Anonymous said...

Based on the information provided during class in the Mock Trial. I believe that the University of Texas will win by a large margin. The Petitioners and the Respondents both have strong arguments, but the University of Texas just has the stronger case. Those in favor of Fisher believe that the Constitution has been violated. The 14th Amendment states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” And therefore Abigail Fisher argues that she has been discriminated against because of her race. The Respondents, however, argue that she was simply not qualified for acceptance. I believe the government has no right to tell the University of Texas how to run their admissions process, because there is no proof, even if the process is flawed.

-Meredith Ta

Corbin Campitelli said...

I believe that the Supreme Court Justices will rule in favor of the University of Texas by a vote of 5-3. Although Fisher made a strong case the rebuttles given by Texas were even stronger. If Fisher wouldve been in the top 10 perceent of her class she would have been admitted, otherwise it is up to the Unversity if they want to admit her or not. Texas wants to creater a multi-cultural diverse environment and they have the right to pursue that.

-Corbin Campitelli

Michael Roseman said...

The Fisher v. University of Texas case has stirred up a boat load of controversy, and is an incredibly hard case to rule on. I believe that the court will rule in favor of Abigail Fisher in a 5-3 margin. Although I believe Abigail Fisher will win the case, even if she doesn't, this will spark a trend among others to pursue appeals and allegations to universities because of ethnic and racial parts of the admissions process. While it is necessary to have a diverse university, it is not morally correct. A less qualified colored person should not be admitted over a more qualified white person, and vice-versa. The argument of whether or not the 14th amendment was violated or not will play a big role in the case because it deals with the equal protection. I believe that Abigail had her 14th amendment right violated because she was unfairly denied admission, while others that were of color and less qualified were admitted. This case will serve as a spark to all of those who are and will be denied admission at UT and other colleges because race has a spot in the admission "rubric" where it shouldn't be.

Will A said...

I believe that the court will rule in favor of the University of Texas with a vote of 5-3. Abigail Fisher was not within the top 10%, therefore she knew that she would be put through a Holistic review that considers race. Race is not the largest factor for admittance into the University of Texas, in fact it is quite small. The reason for Abigail Fisher's rejection from the University of Texas was that she was not as qualified as the other candidates. If she was equally as qualified as a minority candidate and that minority candidate was accepted, most would say that the minority candidate had a much more difficult journey to reach that level of academic excellence. I believe that the University of Texas should keep it's consideration of race in the application so that minorities who reach that level of academic achievement are more suited to be admitted than those to whom that level of academic achievement was basically handed to.

Amy K Berry said...

I believe that the Supreme Court will end up siding with UT with a final vote being 5-3. UT has a better argument saying that everyone who applies to UT and is not in the top ten percent. They look at everyone’s application and then judge who they believe in more qualified to be a student at the University so that way Fisher’s rights aren’t violated. Even though Fisher presents a good case as to why race should be taken out of the equation for application to a university it is not the final factor in if someone is admitted into a school. Ms. Fishers rights were never once violated while she was being considered for admission into the university.

Amanda Kadesky said...

I believe that the Supreme Court will vote for UT, and not just because I vote for that side. Both sides do have very legitimate cases, but Fisher does not have the evidence that she was rejected because of her race. She was not discriminated against, so it was not a violation of the 14th Amendment. UT has a holistic application process so race did play a factor in her acceptance but it was not the deciding factor in her rejection.

SabeehK said...

The Supreme Court will in favor of The University of Texas in a seven to one vote. Fisher's claim that she could have been accepted to the University if she was a different race is not a strong argument. If she was in the top 10%, then she would've graduated from the university today. Then again,race does play a role in applicants who are below the 10% line. However, it is not the deciding factor. The university can not even accept applicants discrimination. Thus, the Supreme Court will rule in majority for the University of Texas.

Connor said...

The Supreme Court will be in favor of Fischer because it is impossible to maintain equal protection when race is involved. Race, gender, or legacy are things that an applicant can not control, because they are born with it. These things should be left out of an application considering they do not effect how qualified a person is to go to a school. The argument of being diverse is blurred because having a no-race application shows that everyone is there by their own achievements. Diversity will come naturally; it won't happen because they were lucky enough to be a certain race. Additionally, an application that doesn't include race provides an applicant reassurance that they got into college based on their own achievement. The Supreme Court will side with Fischer because race should no longer be an issue for anything in this era. It is discriminatory, and unfair to pick one applicant over another based on race.

Thomas N said...

I believe that the supreme court will vote in favor of the University of Texas. The University claims that they do not uphold race as a critical facet to the admissions process which does not violate Fishers right states in the 14th amendment. Their admission process including the top 10% is what they uphold the most and this process does not involve race at all. After the top 10% process, hoverer, they do take race into consideration for admissions. Although race is involved it is not upheld to the point where it is unconstitutional. Race does not play a critical role in their admissions process, making their admission process Constitutional and fair to their applicants.

Ellen.v14 said...

In the Fisher vs. University of Texas case, the Supreme Court will rule in favor of the University. Considering the argument of the University that race was not the deciding factor for admission solidifies that their admissions process is constitutional. The University of Texas uses the same criteria when considering admission for applicants across the board. Because they use the same criteria for every person it is considered equal. The use of the certain criteria brings diversity into the University with equal evaluation for all applying students. The University of Texas argues that, "First, it is indistinguishable in
terms of how it operates in taking race into account as only one modest factor among many for the individualized considerations of applicants in their totality from
plans that this Court has upheld in Grutter and plans that this Court approved in Bakke and the Harvard
plan." So with this argument I believe that the court will rule in favor of The University of Texas.

CoreyWands said...

I believe that the Supreme Court will rule in favor of the University of Texas. The top 10% program rewards those who excel in high school, produces a broader base of students, and upholds diverse racial standards. At the same time, for students that do not make the top 10% of their class, treatment is the same and equal for every applicant, abiding by the "equal treatment" required by the 14th amendment. Since Fisher was not of the University's standards, she did not get accepted. Race was not the deciding factor.

TristanC said...

I believe that the Supreme Court will rule in favor with the University of Texas in a margin of 6-2. The University says that they do not use race as a major factor of the admissions process. They instead use the same criteria review for every student that applies to Texas; so they are not breaking the 14th Amendment because they are giving everyone equal protection. The 10% rule rewards the students that are at the top of the class, but not in effect because the University wants diversity. Since the same process is used to evaluate every student who applies to Texas that is not in the top 10%, the University of Texas admissions process is constitutional and rational.

Paige H said...

After reviewing the case, I believe that the court will vote 5-3 in favor of Fisher. Although the university presents evidence that they don't solely consider race in their application process, the idea of selecting a student partially because of a factor that they cannot control could be interpreted as constitutionally unfair. The Constitution promotes equal opportunity and treatment amongst all humans, and discriminating between races qualifies as unequal treatment. In addition, only three judges (Ginsburg, Breyer, and Sotomayor) are likely to vote for the University. It would be incredibly tough to convince the other judges that considering race in the application process is constitutional, especially when a judge is conservative.

Leonel said...

The case of Fisher vs University of Texas will most likely end leaning towards the university. The Supreme court know that most universities have the standard of considering race in the application process, however they also know that it isn't solely based on race. Universities also take in account the students' GPA, their environment, their parents' income, etc. Grant it that it is a bit unfair when it has to come down to two similar students with only race being the difference, but that should be well known amongst everyone. Universities do state that they take minorities into account and the students should be well aware of that fact. The 10% process isn't as simply viewing the color of one's skin and shouldn't we looked down upon. In conclusion the University will most likely win this case.

Morgan W. said...

In my opinion the Supreme Court will uphold the university’s admissions policy. Although Fisher has a lot to say about why this is unfair the university is still going to over rule her. University of Texas looks at all the applications that are sent out and choose those that they think will be successful at their school while maintaining a good diversity throughout the university. UT specifically says that they did not choose her because of her race that there is more to the situation. This would put Texas University in the 6-2 margin from my opinion and understanding of the situation.

Maria I. said...

I believe that the Supreme Court will rule in favor of the University of Texas. Abigail Fischer did not have a good case. We don’t know that Abigail Fischer was rejected solely on her race. She was not in the top 10% of her class. The University of Texas accepts people who are in the top 10%. Abigail Fischer was not the top 10% of her class so she had to compete for her spot. The University of Texas has a holistic application process and in this process race does play a factor, but there are also other factors in this application process. So race is not the deciding factor.

Brent Friedman said...

I believe the supreme court will make their ruling siding with Texas. Overall, it is not the governments choice whether students are admitted, it's the schools. Race is only one factor that is taken in to account when going through the admissions process, which in the end could make or break her admission. At the end of the day, all colleges accept less qualified students over others even if they are the same race. They have their reasons for admitting students, and declining them. Race was not the only factor of why Fisher was rejected.

SahilV said...

I think that the court will rule in favor of fisher. The makeup of the court suggests that UT will have difficulty gaining the necessary four vote and it seems as though Fisher will come away with a 5-3 victory.

UT argues that diversity is important for fostering a functioning educational environment. However, that level of diversity is achieved via the 10% rule already in place. Using race outside of that is unnecessary and excludes qualified individuals over a factor that they are unable to control.

Sophia R said...

I believe that the Supreme Court's decision will favor the side of the University of Texas in a 6-2 margin. Although Fisher's side argues that diversity is achieved by the automatic admittance of the top 10%, the University of Texas still follows up with equal protection for the applicants that do not fall in that category. The university treats every applicant as an equal and each person goes through same admissions process. The government should not decide the way UT looks at race because UT is not violating the 14th Amendment. No one can put a quota on the top 10%, so race can be a logical deciding factor of admittance. Diversity broadens the aspects of the university, therefore, it is the their decision whether someone of color gets in over someone who is white.

Morgan E said...

It is most likely that the Supreme Court will rule in favor of the University of Texas in the Fisher vs. University of Tx, case. While Fisher raises a good point fighting affirmative action the University of Texas has the right to associate with whom they choose and they get to choose how much diversity is enough for them. University of Texas has the right to evaluate race for their applicants so long as they do it in a holistic way, meaning they evaluate all their applicants evenly.

Sadie R. said...

I believe that the Supreme Court should rule in favor with The University of Texas. Even though Fisher has a lot to say about the university's admission policy on why it is unfair, at the end of the day, the University of Texas will decided on who they think can help make their university more diverse. The 10% rule does not necessarily mean that the University will have as much diversity as they would like to have so that is why they do the admission process the way that it is. I think the margin will be 6-2.

Shea S said...

Based on the information given about the Fisher v. UT case, I believe that UT will win this case. In the end, the deciding factor of diversity would be the school and not the government. Putting a quota on how much diversity the school needs to have is unconstitutional and goes against the 14th amendment. The main argument for the side of Fisher was that the top 10% rule gives the school enough diversity, but deciding that would also be putting a number on how much diversity is necessary. The school uses diversity to broaden the viewpoints and perspectives that are present in the school and if the school does not think they have enough diversity, that is their decision. Race is only one of the factors of an admission process that is the same for everyone. As long as the school keeps the admission process the same for everyone, they are working within the constitution and giving everyone who applies a fair chance at being accepted.

Sarah V. said...

I think that the supreme court will favor in the University of Texas in a margin of 6-2. We have no proof that Abigail Fischer was rejected solely on her race. There are many factors that play into the admissions process and race is just one part of it. The University uses the same criteria for every other applicant that is not in the top 10%. Therefore, they are not breaking the 14th amendment because they are giving every applicant equal protection. The University accepts student who they think is well rounded and race is just one thing they look at.

Anonymous said...

I believe that the Supreme Court will rule in favor of the University of Texas 6-2. The university is not viewing each application based on the race, but based on their qualifications. As long as the University of Texas is basing their decision equally on every application, then the university can accept any students. It is also based on each students extra curricular, GPA, and how much diversity they want on their campus.

--Abby J


Katie Rostamo said...

I believe that the Supreme Court will rule in favor of the University of Texas. UT has the right to decide who they want to make up their student body and come to their university. It is good to have a lot of diversity at a large, public university, and even though UT gets some diversity from the top 10%, they may want more. There is no quota for how much diversity they require, so UT has the right to choose whoever they want to attend their university. UT looks at so many factors other than race, and uses the same criteria for every applicant when considering admissions. After letting in the top 10% no matter where the person comes from or what their race is, the university then has the right to choose who else they want, just like any other university. I am positive that with these arguments in mind, the University of Texas will win the case.

TC said...

I predict the Supreme Court will rule in the universities favor with a 6-2 margin. The university has the right to choose it’s students and race is only a small factor. Other aspects of the selection process include activities and well roundedness. Putting a quota on diversity is as much unconstitutional as not having one. It effectively limits the university’s ability to choose its students. As long as the school keeps the same standards and admission process to every student, it is constitutional.

Tori C

GriffinL said...

I believe that UT will win. According to the 14th Amendment, each citizen has equal protection under the law. Fisher said that she did not get equal protection under the law because UT strived for a more diverse campus. I think the 14th amendment should be interpretated a different way. She did get equal protection, because UT sent out the same admissions form to every prospective student. Therefore, she gets the same thing that everyone else gets. Therefore, it is constitutional for what UT did.

george said...

I am predicting a 6 to 2 victory for UNiversity of texas

Meagan Ellis said...

I think that the Supreme Court will rule in favor of the University of Texas. It has already been stated that only two of the judges are predicted to vote for Fisher. University of Texas has a better fight in this because she did not have sufficient grades for the place she was competing, since she did not make top ten percent she has to compete for a spot and her test scores were only average.

Cole said...

Fisher will win the case. Under the Fourteenth Amendment, each person is protected by equal rights. UT has violated the amendment by accepting at least five ethnically diverse student over fisher. The judgement is solely based on appearance and not other credentials. Therefore, ethnicity should be removed from the holistic approval of college approval at UT.

katy wilson said...

I believe that the Supreme Court will rule in favor of the University of Texas in a 6-2 margin. The University of Texas uses equal protection for all applicants and treats everyone as equal. Race is a part of their initial rubric for admittance, and therefore everyone has an equal chance. If Abigail Fisher was not in the top 10%, she would have had to have more competitive grades in order to beat the other candidates and that fault does not lay on the university. Whether UT's decision was unfair or not, they still have the right to incorporate race into their equation and I think the majority of the justices will see it the same way.

Catherine Graass said...

In the Fisher vs UT case, UT should win. Even though it may be more fair to not take race into account into admission to college, the hard fact is that the case will be decided based upon the Constitution. According to the 14th amendment, all people should have equal protection from the states. So, as long as everyone who applies to UT is graded upon the same rubric, then their is equal protection. Therefore UT's case is supported by the Constitution, but Abigail's is not. There is nothing in the Constitution which says anything about what a college can or cannot put on their rubric for applications. This case is not a matter of fairness or opinion, but rather a reflection of exactly what the Constitution says on the matter. UT wins.
Catherine G

AlienorR said...

I think that the Supreme Court will vote in favor of the University of Texas. Fisher's 14th amendment rights were not actually violated because the same application was applied to everyone. Another persuading fact is that it cannot be determined whether or not race was the deciding factor in Fisher's rejection from the school. Even if it was the deciding factor, UT has the right to decide which students they want to make up their student body. Also, because Fisher was not in the top 10 percent, she should have competed for a spot.

justinator said...

I think that the supreme court will rule in the University of Texas's favor. Even though they are a publicly funded university, they ahve the right to admit or reject applicants at thier discression. Even though I personally do not believe in compomising merit for a greater diversity, it does not mean that they have the right to do so. They can have any combination of races that they desire. The only thing that they cannot do is diregard the application and admit based on race. Unless that is the criteria for which University of Texas admits its applicants, the Supreme Court will side with the University

Nicole H. said...

I believe the Supreme Court will side with Abigail Fisher. The University of Texas' argument solely goes into detail with Abigail Fisher's specific case. However, this case has much more to do with the next generations of students applying to UT. They all should have the equal possibility of being accepted into UT based on their work ethic and test scores. Race should not even play a role in the holistic review of students, since it is not a factor they can control themselves. I know the University wants to create a level of diversity on campus, which is already fulfilled with their top 10% rule. Any other attempt to make race a part of the application process would essentially be making a quota, which has already been ruled ILLEGAL. Also, the 14th Amendment is violated by UT's use of race in their application process, just by having that in their process, they are not providing "equal protection under the law" to all races, they discriminate against those who are not born into a family of different race. You do not get to choose if you are black, white, indian or multiracial, you just are. And for that reason it should not even be allowed in the application process to college. The Supreme Court will side with Abigail Fisher because the application process is unconstitutional and should be fixed.

Jazmine W. said...

I feel as the court will vote for UT. The school has the right to use the rubric and as long as they use the same rubric for all of the applicants it is legal. The admission off at UT knows what students they want/need and they don't need any help with that. The 14th Amendment also supports them. Her chances of getting into UT was as equal as every other applicant.

Kenzie B said...

I believe the supreme court will rule in favor of the University of Texas. Everyone knows that the University of Texas automatically accepts the top 10% of every graduating class. Knowing this, if someone wants to go to UT they should work hard to be in the top 10% of their class. Aigail Fisher was not in the top 10%, she was in the top 12%. Along with allowing the top 10% of the class into the school, they also take into consideration things like sports and the essays that students write in their application. Obviously, the admissions team at the University of Texas did not see anything that made her stand out from any of the other people applying to the school that weren't in the top 10% of their class.

Eric Hernandez said...

I believe that the court will vote in favor of the University of Texas. The University has the right to choose its students. Race only played a small factor in her application. Fisher's 14th amendment rights were not actually violated because the same application was applied to everyone. She didn’t get into the University because she was not in the top 10% of her class so this means that she had to compete for a spot in the university.

Davis D said...

In my opinion, Fisher will win the case. The University admits the top 10% while Ms. Fisher was in the top 12%. Then you look at her GPA with a solid 3.59, while the UT average is a 3.69, not far off at all. Her SAT score was among the average. The University of Texas violated the 14th amendment in the fact that they accepted five students who were more ethnically diverse that she but had worse numbers. If they were going to judge someone in that manner, judge them on something they can control like how much community service they have or how many sports they play. Race should be taken out of the holistic review solely because it violates the 14th amendment.

Davis D said...

In my opinion, Fisher will win the case. The University admits the top 10% while Ms. Fisher was in the top 12%. Then you look at her GPA with a solid 3.59, while the UT average is a 3.69, not far off at all. Her SAT score was among the average. The University of Texas violated the 14th amendment in the fact that they accepted five students who were more ethnically diverse that she but had worse numbers. If they were going to judge someone in that manner, judge them on something they can control like how much community service they have or how many sports they play. Race should be taken out of the holistic review solely because it violates the 14th amendment.

Davis D said...

In my opinion, Fisher will win the case. The University admits the top 10% while Ms. Fisher was in the top 12%. Then you look at her GPA with a solid 3.59, while the UT average is a 3.69, not far off at all. Her SAT score was among the average. The University of Texas violated the 14th amendment in the fact that they accepted five students who were more ethnically diverse that she but had worse numbers. If they were going to judge someone in that manner, judge them on something they can control like how much community service they have or how many sports they play. Race should be taken out of the holistic review solely because it violates the 14th amendment.

Kai Assoun said...

I believe that the supreme court will rule in favor of the University of Texas. The reason being that the University of Texas has not violated any of the constitution's amendments. Ms Fisher would argue that she was not protected fairly under the 14th amendment but because she did not fall into the 10% plan she had to compete for a spot with the other applicants. The University of Texas is not allowed to have a quota of students that are diverse therefore we can infer that her application was inferior to those that she competed with. There is no evidence that points to the fact that Ms.Fisher was unfairly denied because her application was reviewed according to the University's rubric and obviously didn't meet all of the requirements for acceptance. Therefore I believe that the supreme court will rule for the University of Texas

Danielle said...

I think the Supreme Court will be in favor of the University of Texas. Colleges have the right to pick their own students. Just like sororities, every aspect matters. Someone may be dropped from a sorority during rush because they can only accept a certain number of people from Plano, Dallas, etc. Just like sororities, the University of Texas wants diversity. They don’t want to accept only in-state students. To keep a diverse atmosphere, the University of Texas may want to accept more out-of-state students. Just like Parish values wisdom, honor, and service, the University of Texas values diversity. Fisher cannot be upset about being declined or say that her rights were violated. If she were in the top 10%, this case would end differently. The Supreme Court should see that the University of Texas’s moral is diversity and assortment. It is their choice who they accept.

Danielle said...

I think the Supreme Court will be in favor of the University of Texas. Colleges have the right to pick their own students. Just like sororities, every aspect matters. Someone may be dropped from a sorority during rush because they can only accept a certain number of people from Plano, Dallas, etc. Just like sororities, the University of Texas wants diversity. They don’t want to accept only in-state students. To keep a diverse atmosphere, the University of Texas may want to accept more out-of-state students. Just like Parish values wisdom, honor, and service, the University of Texas values diversity. Fisher cannot be upset about being declined or say that her rights were violated. If she were in the top 10%, this case would end differently. The Supreme Court should see that the University of Texas’s moral is diversity and assortment. It is their choice who they accept.

Danielle said...

I think the Supreme Court will be in favor of the University of Texas. Colleges have the right to pick their own students. Just like sororities, every aspect matters. Someone may be dropped from a sorority during rush because they can only accept a certain number of people from Plano, Dallas, etc. Just like sororities, the University of Texas wants diversity. They don’t want to accept only in-state students. To keep a diverse atmosphere, the University of Texas may want to accept more out-of-state students. Just like Parish values wisdom, honor, and service, the University of Texas values diversity. Fisher cannot be upset about being declined or say that her rights were violated. If she were in the top 10%, this case would end differently. The Supreme Court should see that the University of Texas’s moral is diversity and assortment. It is their choice who they accept.

Danielle said...

I think the Supreme Court will be in favor of the University of Texas. Colleges have the right to pick their own students. Just like sororities, every aspect matters. Someone may be dropped from a sorority during rush because they can only accept a certain number of people from Plano, Dallas, etc. Just like sororities, the University of Texas wants diversity. They don’t want to accept only in-state students. To keep a diverse atmosphere, the University of Texas may want to accept more out-of-state students. Just like Parish values wisdom, honor, and service, the University of Texas values diversity. Fisher cannot be upset about being declined or say that her rights were violated. If she were in the top 10%, this case would end differently. The Supreme Court should see that the University of Texas’s moral is diversity and assortment. It is their choice who they accept.

Danielle said...

I think the Supreme Court will be in favor of the University of Texas. Colleges have the right to pick their own students. Just like sororities, every aspect matters. Someone may be dropped from a sorority during rush because they can only accept a certain number of people from Plano, Dallas, etc. Just like sororities, the University of Texas wants diversity. They don’t want to accept only in-state students. To keep a diverse atmosphere, the University of Texas may want to accept more out-of-state students. Just like Parish values wisdom, honor, and service, the University of Texas values diversity. Fisher cannot be upset about being declined or say that her rights were violated. If she were in the top 10%, this case would end differently. The Supreme Court should see that the University of Texas’s moral is diversity and assortment. It is their choice who they accept.

BraydonLilley said...

In my opinion, I believe that Fisher will win. She had pretty good grades, and the University of Texas already accepts thousands of minorities from the top 10 %. After the top 10 %, Texas uses a holistic evaluation process to choose its students, and because race is a heavy factor, Fisher got deferred. I believe it is unfair that the University of Texas deferred a smart student because she wasn't of color, and that they were violating the 14th amendment. I know race is an important factor, but it shouldn't play such a large part that it declines smart students from entering.

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