Supreme Court Sends Affirmative Action Case Back To Lower Court

Source: Pete Williams and Erin McClam / NBC News

The Supreme Court on Monday ruled that affirmative action can be used in college admissions only in very narrow circumstances.

By a 7-1 vote, with one justice recusing herself, the court sent a case about the University of Texas’ admissions policy back to a federal appeals court for review — the Supreme Court’s equivalent of a grade of Incomplete.

The Supreme Court ruled that the lower court had not held the university to a “demanding burden of strict scrutiny.” Justice Anthony Kennedy wrote the opinion of the court.

The case was brought by Abigail Fisher, a white woman who applied to the university in 2008 and was denied, and claimed that her constitutional rights and federal civil rights laws were violated.

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