WASHINGTON (AP) — Supreme Court justices sharply questioned the University of Texas' use of race in college admissions Wednesday in a case that could lead to new limits on affirmative action.
The court heard arguments in a challenge to the program from a white Texan who contends she was discriminated against when the university did not offer her a spot in 2008.
The court's conservatives cast doubt on the program that uses race as one among many factors in admitting about a quarter of the university's incoming freshmen.
Justice Anthony Kennedy, whose vote could be decisive, looked skeptically on Texas' defense of the program. "What you're saying is what counts is race above all," Kennedy said.
Twenty-two-year-old Abigail Fisher was among the hundreds of spectators at the arguments. Also in attendance was retired Justice Sandra Day O'Connor, who wrote the majority opinion in a 2003 case that upheld the use of race in college admissions.
Justice Samuel Alito, O'Connor's successor, has voted consistently against racial preferences since he joined the court in 2006 and appears likely to side with Fisher.
Among the liberal justices who looked more favorably on the Texas admissions system was Justice Sonia Sotomayor. She told Bert Rein, Fisher's Washington-based lawyer, that he was looking to "gut" the nine-year-old decision.
The federal appeals court in New Orleans upheld the Texas program, saying it was consistent with the 2003 decision in Grutter v. Bollinger.
Chief Justice John Roberts, Justice Antonin Scalia and Alito raised repeated objections to the affirmative action plan.
Roberts wanted to know how the university would determine when it had a "critical mass" of diversity on campus that would allow it to end the program.
Near the end of the session, he complained, "I'm hearing a lot about what it's not. I would like to know what it is."
The university says the program is necessary to provide the kind of diverse educational experience the high court has previously endorsed. The rest of its slots go to students who are admitted based on their high school class rank, without regard to race
Opponents of the program say the university is practicing illegal discrimination by considering race at all, especially since it achieves significant diversity through its race-blind admissions.
After the argument concluded, Fisher read a brief statement outside in which she said she hoped the court would rule that race or ethnicity "should not be considered when applying to the University of Texas."
Justice Elena Kagan is not taking part in the case, probably because she worked on it at the Justice Department before joining the court.
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This Week’s Celebrity Instagrams (10/7-10/14)
25 photos Launch gallery
1. Nite | to the tune of @cnn 😞
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2. Got so much work to do but I just wanna stay in bed and binge watch #Gameofthrones and start the new season of #OnceUponATime. I know I can't be the only one. Right? Ha 💤🦁🍂 #saturday
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3. Mommy's weekend turn up ❤️👶🏾💕🍼 Wouldn't trade it for nothing. #TeamNoSleep lol #HesMyBiggestBlessing ✨
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4. One of them oh shit mont we made it feelings … this shit still be unreal 💯💪🏾 @remyboymonty1738
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5. Tickets Available October 14 @ticketmaster.
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6. People magazine Home edition has raided my house! Get a sneak peek into the bedroom life of the Leakes and see other parts of my home now at PEOPLE.COM
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7. They want to kick you when you down, but kick it when you up
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8. Got my advance copy of #Mafia3 at @gamestop. Get yours via link in the bio #Mafia3 #Ad
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9. This is some of the cast and our diverse team of writers in the writer's room creating funny sh*t for @nbcmarlon what a fun room! Lots of jokes, great stories and having a great time doing what we love... making people laugh and feel something. Look out for our show next year @nbcmarlon we bringing sitcoms back to NBC
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10. #HappySunday☀️Thank you @4everbrandy101 💛💡💛
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11. Happy to be back in Central Falls, RI breaking ground for the One Stop Health Center and hosting a local community event with #Vaseline.
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12. Thank you all in advance 💋💋💋 #Repost @urbansvintage・・・#TarajiPHenson's memoir #AroundTheWayGirl will be available everywhere TODAY October 11th! Will you be purchasing a copy? #UrbansVintage
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13. Moms got my back
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14. @galore dinner party glo ✨ thanks to @styledbygiigii
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15. 🌹#ThisIsWhatTheTruthFeelsLikeTOUR #forevereve
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16. Yes, all those videos I've been posting have led to this: the introduction of skincare to @TYRABeauty! This is the rundown on the new line:Years of research and beauty tips I live by led me to produce the most effective and delightful skincare out there. I'm all about taking really good care of my skin, so I can look like I'm aging in #TyraYears and go filter free on Instagram when I feel like it! Now, it's your turn. ✨My Mama always told me not to wash my face with just my hands. "Tyra, girl, you're just moving the dirt around!" And I've listened. First up is The Clean Machine.... ...a 3-in-1 foaming face wash that cleanses, removes makeup and purified your skin. It has patented technology - a attached Turbo Cleansing Tool - to give you that deep clean that makes your skin feel super fresh. Wanna know more? Yeah, baby. Click that link in my bio.
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17. On set of #beingmaryjane like... ❤️😬💃🏾
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18. #carouselofhope@yvetteshelton100@makeupbylatrice @thestacetheface@marialuciahohan24
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19. I refuse to let a little cold stop me from my daily routines to greatness. #onlythestrongsurvive #warriors
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20. Big things begin with big THINKING... #BusinessEthics #SetLife 🎥
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21. Goodnight - here's a song
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22. Words can't explain the feeling that I have right now.....God is good. look momma I made it. #Harts #Blessed #WhatNow #comedicrockstarshit #4DaysAway
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23. I tried to get a better video with out the nasty bib but she started getting mad at me..lol! Big cuz @the_queen_caitlin trying to show her what to do. #MamasToots #HeirBear👑💜
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24. Gorgeous Serena joined Beyoncé in Formation last night on stage in New Jersey!!!
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25. 😜 @lifeofdesiigner & @rockohill
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