another day another time supreme court surprise everyone divide court issue serious blow immigrants families obama administration decide save important protection minorities affirmative action.the court decision kagan participate uphold university texas practice consider race factor admissions.the surprise decision write justice anthony kennedy reagan appointee join ruth bad ginsburg sonia sotomayor stephen breyer.dissenting clarence thomas john roberts samuel alito.kennedy write court opinion warn may use race factor admissions may determine factor court affirmance universities admissions policy today necessarily mean university may rely policy without refinement university ongoing obligation engage constant deliberation continue reflection regard admissions policies.the case stem incident 2008 high school graduate deny admission university texas austin student abigail fisher white allege victim racial discrimination time ut program automatically accept top 10 percent high school graduate take factor score extracurricular activities fisher score top 12 percent felt unfairly deny even though 1180 1600 sit volunteer habitat humanity.in word felt entitle whenever white person victim discrimination want cry racism throw everyone else bus.this decision second time supreme court take case first time court send case back low system review conclusion meet court agree hear first time however justices except ginsburg agree kagan recuse ginsburg dissent chide court ignore precedence racial history justice ruth bad ginsburg write dissent opinion argue university admission policy treat race merely one factor overall decision admit student permissible previous judicial precedent also argue equal protection clause require state universities blind history overt discrimination preferable explicitly include race factor admission decisions rather attempt obfuscate role.the supreme court make surprise decision today however scalia court still kagan recuse decision would split outcome would same.in case justice would prevail anyway.featured image via win mcnamee/getty image victory supreme court save affirmative action