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Affirmative action could be on its way out the Supreme Court will consider new limits on racial preferences in college admissions.
Many are looking at a 2003 decision that endorse the controversial issue.
Allow universities to consider race.
As long as my considering -- it makes -- university more diverse and therefore makes the students experience richer.
And that case nine years ago the University of Michigan Law School was allowed to use race as a factor -- -- the valuations.
But in a separate decision the High Court struck down a point system used by the University of Michigan undergraduate programs.
The new cases brought by a white student who says the University of Texas tonight her admission because of -- race.
A more conservative court could come up with a different decision -- Court has a different makeup now the swing vote is now justice Anthony Kennedy my swing but I mean the person who frequently breaks the tie between the four liberals on the for conservatives.
Justice Kennedy dissented in that university in Michigan case.
Back in 2003.
So if he he a few moments when they cast their vote.
The same way he did just a few years ago on facts remarkably similar to those which faced him a few years ago -- be 545 to three.
Justice Elena Kagan disqualified yourself because of her work with the case when she was the solicitor general.
And while it's about access to education the court's ruling could have a -- on affirmative action programs and job hiring in government contracts.
The justices will hear the affirmative action case until the fall.
In New York Ainsley Earhardt Fox News.
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