In the Supreme Court case involving Abigail Fisher, a white woman who claims her skin color is the reason she did not get accepted into the University of Texas, judges have come to a decision to send the case to lower court.
According to USA Today, the 7-1 decision calls for schools to show proof that there is no other possible way to establish a student body that is diverse.
While the ruling will further affirmative action’s surveillance, Justice Anthony Kennedy ruled that affirmative action is still allowed as long as the schools have obvious proof.
Kennedy wrote, "The University must prove that the means chosen by the University to attain diversity are narrowly tailored to that goal. On this point, the University receives no deference.”
Gawker reports that Kennedy said University of Texas’s affirmative action program was not “narrowly tailored” in order to create a diverse student body, but it could continue to have an affirmative action program, as long as it was surveyed.
In 2008, Fisher sued the school after minority students were accepted over her, and in 2011, Fisher asked for a Supreme Court review, according to USA Today.
The university, according to Gawker, established a program that accepted students under “personal circumstances” that involved class and race, and students in the top 10 percent of class were automatically accepted no matter the personal circumstances.