“In this case, the Fifth Circuit has given the concept of ‘critical mass’ an expansive reading –one that is inconsistent with the letter and spirit of Grutter and with the Equal Protection Clause. Even if it could be said that Grutter left ambiguous the  meaning of ‘critical mass,’ it is an important question of Constitutional law that should be settled by this Court and not various lower courts. The evidence discussed in this brief underlines tat question’s crucial importance. If Grutter is allowed to expand, the results will be unfortunate for the very persons whom affirmative action was designed to benefit.”

Download the full brief here: FisherMerits