Ilya Somin writes for the Volokh Conspiracy:
[Yesterday], the Supreme Court heard oral argument in Fisher v. University of Texas II, an important case addressing the constitutionality of racial preferences in public university admissions. Based on the argument, I see little reason to revise my prediction that the most likely outcome is that the justices will strike down the University of Texas affirmative action program, and forcefully reiterate the requirement that courts must strictly scrutinize such programs without giving any deference to university officials. But the victory of the anti-preference side may be a pyrhhic one, if it comes at the cost of giving a blank check to “race-neutral” admissions policies that aren’t really race-neutral at all.
Read the full article.