Jurisprudential Philosophy

Jurisprudential Philosophy
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Case Background
The American Supreme Court is expected to hear a highly popularised case of Fisher v. University of Texas at Austin. In this case, the court will decide on whether, the University of Texas considerations of race factor in its admission programs are constitutional or not. This case involves a 22-year-old woman by the name Abigail Fisher. In 2008, the lady was denied a place during the admissions to the University of Texas in favour of a minority race student with low qualifications. Owing to this, the woman went to court and filed a suit against the college. Her argument was that, the University’s consideration of race factor in its admissions was a violation of the previously set standards by the high court. In the 2003 case of HYPERLINK "/supct/html/02-241.ZS.html"Grutter v. Bollinger, the high court had decided that Universities and colleges should regard race as a factor in its holistic review programs. Additionally, the UT claims that the mode of admission was based on an equal basis system where all vacancies were given to all races. This according to the University board was meant to achieve diversification (Stephanie, 2012).
Thesis statement
In legal perspectives, there could be found a number of defects and legal aspects in the case of Fisher v. University of Texas at Austin. The case, which was a basis for affirmative action case if passed, would prevent the high court from adhering to its virtues. The argument in this case posits that the only option available for Fisher is being refunded her application fees. UT will incur little expenses from the proceedings. The college might also employ the eleventh amendment and Title VI jurisprudence to bar her fees recovery from the University.
My judicial philosophy with regard to this case is case is that it is not right to bar an individual from receiving his or her rights on the basis on racial segregations. My opinion is that individuals should be given equal opportunities with regard to their qualifications. An attempt to sacrifice and individual on the expense of others is morally and ethically wrong.
There appear three loopholes in Fisher’s position to recover the application fees. Fraud and unconvincing are probable avenues for influencing the case. In essence, if the court was to operate on its principles, it may find the case as being a small issue.
One of the important issues that could be raised in this Fisher v. University of Texas at Austin court case is whether such racial consideration in colleges and Universities has any noteworthy education advantages that authenticate it with the present personified and backtracking legal decisions dealing with what can be termed as systematic racism.
An issue that was raised by the Supreme Court decisions when dealing with racial matters in school administration was whether the progra...