In June 2013, the high court ruled 7 to 1 that the university could use race-based policies if they were truly necessary to achieve diversity. It sent the case back to the 5th Circuit to determine whether the Austin campus still needed to give a preference to some minority applicants. The justices noted that Texas’ “top 10” law, which awards college admission to the top 10% of each high school’s graduates, has already led to an influx of Latino and black students.
Fisher’s lawyer told the Los Angeles Times his client would appeal the latest decision.
Kennedy’s opinion won support from the conservative and liberal wings of the court, though Scalia and Thomas said they would have ended affirmative action if they could have.
The decision marked the first time that Roberts and Alito had endorsed the use of race as one factor in college admission decisions.
Keep that in mind while you’re telling me these two are the heart and soul of conservative jurisprudence.
As for the current status of the Fisher case:
The judges: Higginbotham, a Reagan appointee, wrote the opinion. Carol King, a Carter appointee, concurred.
Garza, a George HW Bush appointee, dissented. And makes far more sense than the deciding opinion.