The US Supreme Court refrained Monday from ruling on the constitutionality of using race in university admissions, telling a lower court to look at the question again.
Its decision will be seen as a partial victory for critics of “affirmative action,” a victory of the 1960s civil rights movement intended to give African-Americans assistance in applying for jobs and education.
In the case before the court, Abigail Fisher, a white student denied admission to the University of Texas, alleged its use of race in deciding admissions violated her constitutional right to equal justice under the law.
Writing the nearly unanimous decision laced with legal technicalities, Justice Anthony Kennedy said the Fifth Circuit Court of Appeal in Texas “must assess whether the university’s favor was appropriate.”
“There must still be a further judicial determination that the admissions process meets strict scrutiny in its implementation,” he added.
The Court of Appeal had previously ruled in favor of the prestigious state university, declaring that Fisher had not suffered discrimination as a result of a admission policy that favored racial minorities.
Seven of the nine Supreme Court justices agreed to refer the case back to the Court of Appeal. One disagreed, while Justice Elena Kagan excused herself because of her prior involvement in her previous judicial functions.
US Supreme Court sends back affirmative action case
