June 23, 2016
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3:23Now PlayingThree years ago, the Supreme Court sent an affirmative action case involving college admissions back to a lower court and said "strict scrutiny" should be applied when examining the University of Texas's race-based policy.
Well, the ambiguity of "strict scrutiny" led this week to round two in the case Abigail Fisher v. University of Texas, as the justices were deciding whether the Fifth Circuit Court of Appeals correctly applied the rule of strict scrutiny. On Thursday, the Supreme Court upheld the affirmative action program at the University of Texas. The vote was 4-3.
"What the Court is basically saying is, it's okay to have diversity, but universities have to almost prove they've tried everything except a race-conscious program to get that diversity," NBC's Pete Williams said of the Supreme Court's original ruling in 2013. "The court shouldn't take their word for it. They should give them an extra hard test."
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