The Fifth U.S. Circuit Court of Appeals will hear arguments today in Austin. Gerald Treece at the South Texas College of Law told KTRH what the three judge panel will be looking for.
“They’ll be looking for specific evidence for whether or not Ms. Fisher would have been admitted to U-T under any circumstance,” Treece said.
Fisher isn’t expecting Fisher’s lawyers to do anything differently than they have done throughout this process.
“The argument is that discretionary pool is race conscious and that too much preference went into race as a factor,” Treece said.
Fisher was denied admission and sued in 2008 because of what she said were admission policies based on race. She went on to graduate from LSU in 2012. The University of Texas believes the whole case is moot because of that, but Treece says they're wrong.
“She’s also suing for damages. That keeps a case that seems to be dead alive,” Treece stated.
And Treece says when it's all said and done, the decision could very well go Fisher's way.
“U-T didn’t have written policies and that might doom the university’s affirmative action program,” Treece explained.
But he says we're a long way from getting the final word on this one.