Avoiding any major ruling on the hotbutton issue of affirmative action in school admissions, the Supreme Court on Monday sent the case Fisher v. University of Texas at Austin back to the Fifth Circuit Court of Appeals.
In a seven to one opinion, the court argued the lower court used the wrong standards to evaluate the Texas college’s admissions policies. Justice Anthony Kennedy wrote for the majority, while Justice Ruth Bader Ginsburg dissented. Justice Elena Kagan recused herself from the case.
Fisher v. University of Texas at Austin was brought to the court by Abigail Fisher, a white woman who applied to UT Austin as a high school senior in 2008. She filed suit against the school after she was rejected, arguing the university’s consideration of race didn’t meet standards previously set by the Supreme Court.
While the University of Texas defended its consideration of race, most students are accepted into UT Austin through the “Top 10 percent” law — a program that doesn’t consider race. The “Top 10″ program grants automatic admission to the top students in every Texas high school. Fisher did not qualify for the program. In 2008, just 216 accepted students accepted outside of the “Top 10″ program were black or Hispanic.
Fisher v. University of Texas at Austin, argued before the court in October, was considered a major opportunity for the court to rule on affirmative action. While Monday’s ruling doesn’t set any new precedents, the court will take up another affirmative action case as soon as next year.