The 7-1 decision in Fisher v University of Texas, the affirmative action case widely expected to overturn or at least trim the Grutter v Bollinger, which upheld the University of Michigan Law School's affirmative action admissions program, instead vacates and remands to the Court of Appeals to “assess whether the University has offered sufficient evidence [to] prove that its admissions program is narrowly tailored to obtain the educational benefits of diversity." More precisely, " "The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity." Justice Kennedy (as expected) wrote for the majority; Justice Ginsburg dissented, saying that she believes the Court of Appeals has already completed the inquiry tasked to it on remand and that its judgment, "trained on this Court’s Bakke and Grutter pathmarkers, merits our approbation." Justices Scalia and Thomas concurred in the majority decision, with Thomas saying he would overturn Grutter.
More to follow.