Here is a look at how the affirmative action case twice made its way to the court:
Q: What is the case about?
A: In 2008, the University of Texas at Austin denied admission to Abigail Fisher, a white woman. Three-quarters of applicants from Texas are admitted under a program that guarantees admission to roughly the top 10 percent of students in every high school in the state. The remaining Texas students and those from elsewhere are considered under standards that take account of academic achievement and other factors, including race and ethnicity. Fisher sued over that second part of the admissions plan, saying that it violated the Constitution's equal protection clause.
Q: What does Fisher want?
A: As a legal matter, she wants to do away with racial preferences in admissions decisions at the university. But to have standing to sue, she must also show that she has a personal stake in the question. Given that she has graduated, from Louisiana State University in 2012, that may not be easy.
Q: What happened last time?
A: The justices first heard arguments in the case in October 2012. After unusually fraught deliberations, a fiery draft dissent from Justice Sonia Sotomayor helped pave the way for a short, wan compromise decision in June 2013. By a 7-1 vote (Justice Elena Kagan has recused herself because she worked on the case as U.S. Solicitor General), the court returned the case to a federal appeals court. Last year, the appeals court upheld the program for a second time. In June, the Supreme Court agreed to take another look at the case.
Q: Who will hear the case?
A: Without Kagan, there will be only eight justices on the bench. A 4-4 tie would automatically uphold the appeals court's decision.
