[18] Legal analysts predicted from the justices' questions that the Court would likely either remand the case again to the lower courts for additional fact-finding, strike down UT Austin's policy, or strike down affirmative action in college admissions nationwide.[19]. 94–9 (Lavergne Deposition). In addition to this broad demographic data, the University put forward evidence that minority students admitted under the Hopwood regime experienced feelings of loneliness and isolation. 291 (1978) it must be emphasized that the discriminatory policies upheld today operate to exclude” Asian-American students, who “have not made [UT’s] list” of favored groups. of Oral Arg. Previous precedent had established that educational diversity is a compelling interest as long as it is expressed as a concrete and precise goal that is neither a quota of minority students nor an amorphous idea of diversity. [5] Only the District Court acknowledged the impact of UT’s policy on Asian-American students. See Tr. Richard Wolf, "At Texas' Flagship University, Many Fear for Diversity," USA Today, December 2, 2015. 100 (1943) Courts will [effectively] be required to defer to the judgment of university administrators, and affirmative-action policies will be completely insulated from judicial review. For the remaining spots, the university considers many factors, including race. In 2008, when petitioner applied to UT, approximately 79% of Texans aged 25 years or older had a high school diploma, 17% had a bachelor’s degree, and 8% had a graduate or professional degree. Pp. In particular, UT asserted a need for more African-American and Hispanic students from privileged backgrounds. For example, petitioner suggests that the University could intensify its outreach efforts to African-American and Hispanic applicants. When it adopted its race-based plan, UT said that the plan was needed to promote classroom diversity. Those metrics looked only to the numbers of African-Americans and Hispanics, not to diversity within each group. An interest “linked to nothing other than proportional representation of various races . [10] She scored 1180 on her SAT. Roger Clegg & Joshua Thompson, "The Court Should Finish What it Started in the Fisher Case," National Review Online, May 14, 2015. It is the University’s ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies. In short, none of petitioner’s suggested alternatives—nor other proposals considered or discussed in the course of this litigation—have been shown to be “available” and “workable” means through which the University could have met its educational goals, as it understood and defined them in 2008. Ultimately, UT has failed to articulate its interest in preventing racial isolation with any clarity, and it has provided no clear indication of how it will know when such isolation no longer exists. Mike Tolson, "Supreme Court to Take Up UT Admission Case," Houston Chronicle, October 7, 2012. 40 (Oct. 10, 2012). Indeed, without knowing in reasonably specific terms what critical mass is or how it can be measured, a reviewing court cannot conduct the requisite “careful judicial inquiry” into whether the use of race was “ ‘necessary.’ ” Fisher I, supra, at ___ (slip op., at 10). Editorial, "No Reason for Another 'Do-Over' on Texas Affirmative Action," Los Angeles Times, December 11, 2015. 911 (1995) See Supp. . This Court granted certiorari for a second time, 576 U. S. ___ (2015), and now affirms. "[5] Justice Elena Kagan recused herself, so seven justices decided the case, preventing a 4-4 split decision. “On average,” UT claims, “African-American and Hispanic holistic admits have higher SAT scores than their Top 10% counterparts.” Brief for Respondents 43, n. 8. According to Lisa Soronen of the National Conference of State Legislatures, "Per Texas’s Top Ten Percent Plan, the top 10 percent of Texas high school graduates are automatically admitted to UT Austin, which fills about 80 percent of the class. UT has failed to make that showing. Therefore, although admissions officers can consider race as a positive feature of a minority student’s application, there is no dispute that race is but a “factor of a factor of a factor” in the holistic-review calculus. But it is not the petitioner’s burden to show that the consideration of race is unconstitutional. To change its system, the University submitted a proposal to the Board of Regents that requested permission to begin taking race into consideration as one of “the many ways in which [an] academically qualified individual might contribute to, and benefit from, the rich, diverse, and challenging educational environment of the Univer-sity.” Id., at 23a. The Fifth Circuit reached this conclusion with little direct evidence regarding the characteristics of the Top Ten Percent and holistic admittees. 539 U. S. 306 (2003) App. Fisher contends that even if UT has a compelling interest in a racially diverse student body, it could achieve this interest through the Top Ten Percent Law without having a race-conscious admissions policy. Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin in 2008 and were denied admission. UT’s purported interest in intraracial diversity, or “diversity within diversity,” Brief for Respondents 34, also falls short. Ralph K.M. 343 (2003) Abigail Fisher, a white female, applied for admission to the University of Texas but was denied. Ralph K.M. "[12], Additionally, Alito reiterated the circuit court dissent's claim that the Circuit Court majority believed that automatically admitted minority students were "somehow more homogeneous, less dynamic, and more undesirably stereotypical than those admitted under holistic review. The Supreme Court heard the oral argument in October 2012, and handed down its decision on June 24, 2013. Media. Petitioner Fisher counters that UT lacks a compelling interest for its race-conscious admissions policy and urges that Grutter be clarified or overruled. Ibid. 42–43 (Dec. 9, 2015). Even if, as a matter of raw numbers, minority enrollment would increase under such a regime, petitioner would be hard-pressed to find convincing support for the proposition that college admissions would be improved if they were a function of class rank alone. Beckie Supiano, "A Closer Look at a Comment From Justice Scalia That Sparked Outrage," Chronicle of Higher Education, December 9, 2015. 156a; QuickFacts Texas. In an ordinary case, this evidentiary gap perhaps could be filled by a remand to the district court for further factfinding. Petitioner is correct that a university bears a heavy burden in showing that it had not obtained the educational benefits of diversity before it turned to a race-conscious plan. “The moral imperative of racial neutrality is the driving force of the Equal Protection Clause.” Richmond v. J. As this Court’s cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Matthew Watkins, "Justices Question UT-Austin Affirmative Action Policy," Texas Tribune, December 9, 2015. Petitioner then filed suit alleging that the University’s consideration of race as part of its holistic-review process disadvantaged her and other Caucasian applicants, in violation of the Equal Protection Clause. As UT put it in its brief in Fisher I, the race-based component of its admissions plan is needed to admit “[t]he African-American or Hispanic child of successful professionals in Dallas.” Brief for Respondents, O. T. 2012, No. They come from lesser schools where they do not feel that they're being pushed ahead in classes that are too fast for them. Petitioner’s final suggestion is to uncap the Top Ten Percent Plan, and admit more—if not all—the University’s students through a percentage plan. The petitioner, Abigail Fisher, a white student, challenged the university's consideration of race in the undergraduate admissions process. The AI/PAI system was also used to determine program placement forall incoming students, including the Top Ten Percent students. As far as the record shows, UT failed to even scratch the surface of the available data before reflexively resorting to racial preferences. The University has thus met its burden of showing that the admissions policy it used at the time it rejected petitioner’s application was narrowly tailored. Though Alito noted that the articulated goals were "laudable," he wrote that they were "not concrete or precise," and "offer[ed] no limiting principle for the use of racial preferences." Lee C. Bollinger and Claude M. Steele, "A High-Stakes Battle For Higher Education," Los Angeles Times, October 9, 2012. P. 15. 539 U. S. 306 See United States Census Bureau, QuickFacts, online at https://www.census.gov/quickfacts/table/PST045215/35,48 (all Inter-net materials as last visited June 21, 2016). Argued December 9, 2015—Decided June 23, 2016. See 539 U. S., at 337, 343–344. Although the University’s new admissions policy was a direct result of Grutter, it is not identical to the policy this Court approved in that case. According to the District Court, “nothing in Grutter requires a university to give equal preference to every minority group,” and UT is allowed “to exercise its discretion in determining which minority groups should benefit from the consideration of race.” 645 F. Supp. AALL358, p. 58 (Nov. 14, 2014), online at https://www.tsl.texas.gov/sites/default/files/public/tslac/slrm/state/ schedules/721.pdf. 1: 08–CV–00263, (WD Tex. See ante, at 13–14 (“Petitioner is correct that a university bears a heavy burden in showing that it had not obtained the educational benefits of diversity before it turned to a race-conscious plan” (emphasis added)); Fisher I, 570 U. S., at ___ (slip op., at 11) (“[S]trict scrutiny imposes on the university the ultimate burden of demonstrating, before turning to racial classifications, that available, workable race-neutral alternatives do not suffice” (emphasis added)). 481a–482a (affidavit of N. Bruce Walker ¶11 (Walker Aff. To start, the demographic data the University has submitted show consistent stagnation in terms of the percentage of minority students enrolling at the Univer-sity from 1996 to 2002. Ilya Somin, "Fifth Circuit Upholds University of Texas Affirmative Action Program in Fisher Case on Remand From the Supreme Court," Washington Post (Volokh Conspiracy Blog), July 16, 2014. First, she argues that the University has not articulated its compelling interest with sufficient clarity. Id., at 654; see also Fisher, 631 F. 3d, at 240, n. 149 (concluding thatthe Top Ten Percent Plan “widens the ‘credentials gap’ between minority and non-minority students at the University, which risks driving away matriculating minor-ity students from difficult majors like business or the sciences”). By all rights, judgment should be entered in favor of petitioner. Haurwitz, "Supreme Court Upholds Affirmative Action at University of Texas," Austin American-Statesman, June 24, 2016. , "The Supreme Court Has Upheld Affirmative Action. . Richard Guarasci, "Scalia Made Headlines. Kagan, J., took no part in the consideration or decision of the case. Reeve Hamilton, "Between Fisher and Fawcett, a Big Day in Court for UT," Texas Tribune, November 13, 2013. Grutter, 539 U. S., at 339. Id., at ___ (slip op., at 10). 24a–25a. Lino A. Graglia, "Guest Column: Race Has No Place in College Admissions," Texas Tribune, October 5, 2012. There is simply no way for a court to know what specific 'demographic' interest UT was pursuing, why a race-neutral alternative could not achieve that interest, and when that 'demographic' goal would be satisfied. App. “Because an applicant’s race is identified at the front of the admissions file, reviewers are aware of it throughout the evaluation.” 645 F. Supp. Marvin Krislov, "Building on the Success of the 'Fisher' Decision," Chronicle of Higher Education, July 8, 2016. 2d, at 597; see also id., at 598 (“[A] candidate’s race is known throughout the application process”). Consideration of race therefore pervades every aspect of UT’s admissions process. Miriam Rozen, "Abigail Fisher's Lawyer Pins High Hopes on Round 2 at SCOTUS," Texas Lawyer, July 6, 2015.

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