I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.

The National Constitution Center is the only institution in America chartered by Congress

to disseminate information about the US Constitution

on a nonpartisan basis.

And today we take up one of the most hotly contested

constitutional cases of the Supreme Court term, Fisher versus the University of

Texas.

On December 9th, the Supreme Court will hear oral arguments in the Fisher case, which is a

landmark challenge to affirmative action at Texas's

flagship public university. Listeners may remember that the Supreme Court has heard

this case before in 2013 the court

issued a decision but sent the case back to lower courts to be reviewed under a

tougher constitutional standard and the question today is does the use of

racial preferences in undergraduate admissions

violate the equal protection clause of the 14th amendment?

And how will the court rule this time?

Joining us in studio to discuss this is Amy Wax. She is the Robert

Mundheim professor of law at the University of Pennsylvania law school. And

joining us by phone is Neil Segal. He is David W. Ekel professor of Law and Professor of Political Science,

co-director of the Program in Public Law,

and Director of the DC Summer Institute on Law and Public Policy

at the Duke University School of Law.

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