The opposite issues of fairness and discretion.

This week we talked about the opposite issues of fairness and discretion.  For this week I would like you to review the case of Fisher v. Austin.  the case is available at https://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin-2/   Please be aware that this is second time this case has been to the Supreme Court and an argument is expected this term.  While the issue of affirmative action is hotly debated, from an administrative law point of view I would like you to discuss the following:

1. Is the University using discretion appropriately in conformity with the subject matter in agency discretion?

2. Is there a valid argument in light of Fisher 1 that the Court of Appeals erred?

3. What about the fairness concerns should the University take into account when formulating policy?

On the other hand the Selective Services Act has been up for review many times since the late 1940’s.  The Supreme Court declined to hear a case that recently wove it’s way through the Federal Court system.  See https://www.usatoday.com/story/news/politics/2021/06/07/supreme-court-declines-case-whether-women-must-register-draf/7465493002/…was this a correct decision?  Thoughts?  Why is this correct “on the basis of sex?”