Supreme Court Sends UT Affirmative Action Case Back to Appellate Judges (Video)

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The Supreme Court has ignored a sweeping decision on the use of race-conscious school admission policies, ruling Monday on the criteria at the University of Texas and whether it violates the equal protection rights of some white applicants, CNN reported.The justices, instead, threw the case back to the lower courts for further review, news reports said.

The court affirmed the use of race in the admissions process, but made it harder for institutions to use such policies to achieve diversity.The 7-1 decision avoids the larger constitutional issues, news reports said.

Abigail Noel Fisher had sued the University of Texas after her college application was rejected in 2008 when she was a high school senior. Her lawsuit claims it was rejected because she was white and that she was being treated differently than some less-qualified minority students who were accepted.

"I am grateful to the justices for moving the nation closer to the day when a student's race isn't used at all in college admissions," Fisher said after Monday's ruling.

The Supreme Court plans to meet again on Tuesday to issue additional opinions.

The university defended its policy of considering race as one of many factors, such as for test scores, community service, leadership, and work experience, which has a design to create a diverse campus, CNN reported.

"We remain committed to assembling a student body at The University of Texas at Austin that provides the educational benefits of diversity on campus while respecting the rights of all students and acting within the constitutional framework established by the court," UT President Bill Powers.

The Obama administration agreed with the school's decision, saying to grow a nation built on differing complexions and backgrounds will depend on future leaders "who possess the understanding of diversity that is necessary to govern and defend the United States," it argued.

"The attainment of a diverse student body serves values beyond race alone, including enhanced classroom dialogue and the lessening of racial isolation and stereotypes," Justice Anthony Kennedy wrote.

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