ABSTRACT
In 2013, the Fisher v. University of Texas at Austin case had to be legally settled and two more lawsuits were already filed against holistic admissions at Harvard and the University of North Carolina at Chapel Hill. The Project on Fair Representation, a right-wing legal defense fund, is behind the Fisher case and the newly filed challenges. In Fisher, the alleged ‘victim’ of reverse-racism was a white student. With Brown, the NAACP had crafted together four consolidated cases that addressed educational segregation as a broad American practice. Rodriguez and Milliken collectively put a halt to any projects designed to address educational inequality and segregation across district lines. As a result, the specter of addressing education inequality and racial segregation was reduced to intra-district politics, made even more impossible and fruitless by systematic white flight out of urban metropolitan areas into the suburbs. The Supreme Court plays an important role as an institutional referee who legitimizes historical and contemporary racial discourse.
