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The Court Revisits Affirmative Action On Campus

The Supreme Court yesterday heard arguments for the second time in the case of Abigail Fisher, a white student who claims she was denied admission to the University of Texas because of a policy that favored black applicants. Last time the Justices sent the case back to the circuit court, this time Justice Kennedy seemed to toy with the idea of sending it all the way back to the trial court; not likely.

You can read Lyle Denniston’s analysis here.

There’s also a lot of buzz today about Justice Scalia’s remark, “There are ­­those who contend that it does not benefit African ­Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less­ advanced school, … a slower ­track school where they do well.”

Opinion: White v. Woodall, No. 12-794

He probably meant that black students more often come from high schools where the curriculum is less demanding and may be unprepared for UT’s more rigorous course load. While it sounded racist to some, it’s more likely just Scalia being his bad un-PC self.