So, in short, does the case (Fisher v. UT) say have the reach, to effect, highly selective private schools? While not my area of the law, my thoughts, and university general counsels I have spoken to, say—possibly.
Summarily, if UT policies are ruled discriminatory by the Supremes, the element of utilizing race in admission will be barred at all universities under the Civil Rights Act and the 14th Amendment’s Equal Protection Clause.
Conversely, if the Supremes hold that UT, as they place it, is not “narrowly tailored,” the consequences would be less severe. Or in other words, it says UT, has a very unique and specific fact pattern, but that doesn’t necessarily satisfy our means test. It could then also say to the Ivy Plus schools is that that your practice, i.e., holistic review, is already OK, and can continue. But, just my lousy 2 cents.