Supreme Court Sends Affirmative Action Case Back To Lower Court

The Supreme Court ruled on the affirmative action case involving the University of Texas on Monday, sending the case back down to the lower court. The 7-1 decision, with Justice Elena Kagan recused, avoided a major ruling on the matter of race as a factor in college admissions.

“In determining whether summary judgment in the University’s favor was appropriate, the Fifth Circuit must assesswhether the University has offered sufficient evidence to prove thatits admissions program is narrowly tailored to obtain the educationalbenefits of diversity,” the summary said.

The court “said an appeals court did not apply the correct standard in deciding whether the Texas policy violated the U.S. Constitution’s guarantee of equal protection by giving preferences to racial minorities in its admissions process.”

NBC’s Pete Williams noted that the decision doesn’t say “you can’t have affirmative action,” but sends it back for another look.

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