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So how does the university defending their policy Shannon.
Well Martha first of all the the university says anything compliance with the current -- as it stands under the -- Supreme Court -- that are now in place that are good precedent they say.
The posse they've put together respects that reflects that an all did they wanna make sure that they've got a student body that is diverse that -- blacks are reflects exactly what's going on in Texas the makeup of the demographic there.
Supporters like Elizabeth wider -- chief counsel with the constitutional accountability center explain it this way.
What -- -- Texas is doing here is looking at an already highly qualified.
Pool of students.
And then when deciding which students to admit they're looking beyond test scores to many of the things that you mentioned but also as one of those factors just one.
Taking race and ethnicity into account.
There are dozens of universities all across the United States who have joined in here with the university taxes to support that position Martha.
And so what the argument against that Shannon.
Well it's interesting to note that -- -- University of Texas instituted its policy which includes considering race what they were doing was pretty much taking the top 10% academically of all high school graduates with in the state of Texas.
That had brought them a pretty good next but they said we -- to take it a step further once the Supreme Court gave them a green light years ago when an -- case.
They did ask about they -- race into the next now the -- in this case Abigail Fisher a white female says.
That -- to her disadvantage.
Attorney David Gibbs says that leaves the court with one big question today.
Real question on affirmative action work because of the color your skin you're giving an advantage to someone that's not given to someone else.
Is it needed any more.
Is it fair or should we really go to more of a merit based system work every student regardless of the color of their skin is treated by the state.
And that is what eight justices will decide today justice Kagan has recused herself because of some work as a solicitor general on this case as it was bubbling up through the court system.
And unless he throws them another curve -- today Chief Justice John Roberts should be able to make up with conservatives here they should be happy about his position.
-- -- the famous line years ago the way to stop discrimination on the basis of race is to stop discriminated on the basis of race.
The real swing vote here will be justice Anthony Kennedy all eyes on him and this particular case Martha way that is could have a long implications and very fascinating case chant thank you so much.
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