U.S. Department of Justice
Civil Rights Division

U.S. Department of Education
Office for Civil Rights

Questions and Answers About Fisher v. University of Texas at Austin II
September 30, 2016
On June 23, 2016, the U.S. Supreme Court issued its second decision in Fisher v. University of
Texas at Austin (Fisher II). The Court followed long-standing precedent recognizing that colleges
and universities have a compelling interest in ensuring student body diversity, and can take account
of an individual applicant’s race as one of several factors in their admissions programs as long as the
program is narrowly tailored to achieve that compelling interest.
This document provides colleges, universities, and campus communities with basic information
about the case and about the voluntary use of race to achieve diversity in higher education. We hope
you find the Questions and Answers and the underlying guidance that is referenced in this document
to be helpful in implementing lawful programs to promote diversity on your campus, consistent with
the recent Fisher II decision. If you have further questions, please contact the U.S. Department of
Education’s Office for Civil Rights (800-421-3481 or ocr@ed.gov) or the U.S. Department of
Justice’s Educational Opportunities Section (877-292-3804 or education@usdoj.gov).
1. What did the Supreme Court decide in its 2016 Fisher ruling?
A: In Fisher II, the Supreme Court upheld the constitutionality of the University of Texas at
Austin’s (UT) use of race in admissions. Fisher II reaffirms that institutions of higher education
have a compelling interest in pursuing the educational benefits that flow to all students from student
body diversity. Moreover, the decision clarifies that universities are to be afforded “[c]onsiderable
deference . . . in defining those intangible characteristics, like student body diversity, that are central
to its identity and educational mission.” 579 U.S. ___ (2016) (slip op., at 19).
Although an institution of higher education cannot define its diversity goals as a specific percentage
of a particular racial group or simply assert “an interest in the benefits of diversity writ large,” the
Court held that UT articulated sufficiently “concrete and precise goals” in its admissions policy,
including “the destruction of stereotypes, the promot[ion of] cross-racial understanding, the
preparation of a student body for an increasingly diverse workforce and society, and the cultivat[ion
of] a set of leaders with legitimacy in the eyes of the citizenry.” Id. at 12 (internal quotation marks
omitted). The Court also held that UT demonstrated that its admissions program was narrowly
tailored to achieve its educational goals. Id. at 18-19.

 Page 2—Questions and Answers: Fisher v. University of Texas at Austin (Fisher II)

2. Does prior guidance from the Departments about the voluntary use of race remain in effect?
A: Yes. The guidance issued by the Departments in 2011, 2013, and 2014 regarding the voluntary
use of race to achieve student body diversity remain in effect, and were supported and reinforced by
Fisher II. In 2011, the Departments issued “Guidance on the Voluntary Use of Race to Achieve
Diversity in Postsecondary Education” and the related “Guidance on the Voluntary Use of Race to
Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools.” In 2013, after
the Supreme Court issued its first decision in the Fisher case, we issued further guidance in the form
of “Questions and Answers about Fisher v. University of Texas at Austin.” Additionally, in 2014, we
issued a Dear Colleague Letter concerning the Supreme Court’s ruling in Schuette v. Coalition to
Defend Affirmative Action. All four guidance documents are available at www.ed.gov and
www.usdoj.gov.
3. Do the Departments continue to support diversity in education?
A: Yes. The Departments continue to strongly support efforts to promote diversity in elementary,
secondary, and higher education. As the Supreme Court has recognized, diversity has benefits for all
students, and today’s students must be prepared to succeed in a diverse society and an increasingly
global workforce. Our offices stand ready to provide technical assistance on this important topic.