The
ruling by Judge Kennedy uses the principle of Limited Government and Judicial Review
under the Fourteenth Amendment. The ruling
stated that The University of Texas Admissions process was lawful but only
under strict judicial scrutiny. The
Fourteenth Amendment states “nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws”.
The state must treat an individual in the same manner as
others in similar conditions and circumstances. The University is a state university
and must abide by the Fourteenth Amendment. This portion of the Amendment has
been used in other landmark cases such as “Brown v. Board of Education”
considering racial discrimination.
