Argument was heard today in the Supreme Court in Fisher v. University of Texas.

The issues, as summarized at ScotusBlog were:

This morning the Court heard oral arguments in what is likely to be one of the highest-profile cases of this Term: Fisher v. University of Texas at Austin, the challenge to the university’s use of race in its undergraduate admissions process. Affirmative action is hardly a new topic at the Court: just nine years ago, in a case called Grutter v. Bollinger, it held that the University of Michigan Law School could consider race as one factor in its admissions process as part of its efforts to create a diverse student body.

The petitioner in today’s case, Abigail Fisher, had asked the Court to rule that the university’s policy goes further than the Grutter decision allows, because – thanks to a program that automatically admits any Texas high school student who graduates in the top ten percent of her class – the university already had a diverse student body, without having to consider race. But if the university’s policy passes muster under Grutter, Fisher suggested in her briefs, the Court should consider overruling that decision altogether.

It didn’t have to be this way, and it all could have been avoided.

There was a solution.