Affirmative action could go back to Supreme Court

AP News
Posted: Nov 12, 2014 5:55 PM

AUSTIN, Texas (AP) — The issue of affirmative action could be headed back to the U.S. Supreme Court after a federal appeals court refused to reconsider a ruling allowing use of race as a factor in University of Texas undergraduate admissions.

Abigail Fisher's attorneys had asked the full 5th U.S. Circuit Court of Appeals to overturn a recent ruling that found barring the university from considering race would mean a less student diversity — in defiance of legal precedent promoting diversity is an important part of education.

The appeals court declined the request Wednesday.

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Fisher, who is white, sued in 2008 after she was denied admission. The case went to the U.S. Supreme Court, but justices told the appeals court to re-examine Fisher's arguments.

Fisher's attorneys say they'll go back to the high court.