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Every year, students apply to colleges and get a series of admissions and rejection letters. Rejections could be for a host of reasons; one woman believes she didn’t get into the University of Texas, because she’s white. In a strange turn of events, Abigail Fisher believes affirmative action prevented her from being admitted into the college when she applied in 2008.

Fisher’s case has gone all the way to the Supreme Court and one Justice Antonin Scalia, who has historically been against affirmative action recently reiterated his stance with some racist comments.

“There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well” he said during oral arguments on the case.

In using African Americans scientists as an example, he also said: “One of the briefs pointed out that most of the black scientists in this country don’t come from schools like the University of Texas. They come from lesser schools where they do not feel that they’re being pushed ahead in classes that are too fast for them.”

He continued,  “I’m just not impressed by the fact that the University of Texas may have fewer. Maybe it ought to have fewer. And maybe some — you know, when you take more, the number of blacks, really competent blacks, admitted to lesser schools, turns out to be less.”

The attorney for the The University of Texas Gregory G. Garre is arguing that the school has what seems to be a very fair admissions process. 75% of UT-Austin admissions come from their “Top Ten Percent” program, in which any student graduating within the top 10 percent of his or her class is guaranteed admission, regardless of race.

The other 25% of newly admitted UT-Austin students are accepted through the “holistic” method which takes race as well as personal and academic accomplishments into consideration. According to CNN, Garre pointed out that race is a determining factor to ensure diversity. Fisher was not in the top ten percent of her class, she’s challenging the “holistic” method.

The Supreme Court will rule in the case of Fisher v. University of Texas-Austin no later than summer 2016.

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