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Well, the Supreme Court has finally handed down a ruling in one of this year’s high-profile cases, and…..it punted. In a case challenging affirmative action at the University of Texas, the Supremes ruled that the Fifth Circuit court failed to apply strict scrutiny when it upheld the university’s claim that affirmative action was necessary as a way of promoting diversity. Key quote: “The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity.”
So now it goes back to the Fifth Court, and then most likely back up to the Supreme Court someday. For now, nothing has changed.
