SCOTUS punts affirmative action case back to lower courts

Attorney Bert Rein (L), speaks to the media while standing with plaintiff Abigail Noel Fisher (R), after the U.S. Supreme Court Supreme heard arguments in her caseon October 10, 2012 in Washington, DC. The high court heard oral arguments on Fisher V. University of Texas at Austin and are tasked with ruling on whether the university's consideration of race in admissions is constitutional.

In a 7-1 ruling, the high court "vacated and remanded" an earlier decision by the U.S. Court of Appeals for the Fifth Circuit, which had upheld the UT Austin's affirmative action program.

This morning, the Supreme Court issued its decision on a case involving affirmative action and race-based admissions at the University of Texas, Austin.

In a 7-1 ruling, the high court "vacated and remanded" an earlier decision by the U.S. Court of Appeals for the Fifth Circuit, which had upheld the university's program. Justice Elena Kagan recused herself because when she was a lawyer at the Justice Department she had been involved in the case.

In other words, the justices said is that the case needs to head back down to the lower courts for a review.

For your explainer on why is Daria Roithmayr, professor at the USC Gould School of Law.

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