courted saying in education, texas and lower courts must readvice revisit their formula for admitting students and not make race as prominent feature. that was a victory for the plaintiff abbey gail fisher but did not declare racial preferences was unconstitutional? >> justice kennedy argued, in a previous decision said diversity was justification. they had this test called district scrutiny. what kennedy said in this case was you cannot just gesture in the direction of scrutiny, we tried to have a race neutral program so we are going to race based program. you have to prove it. you have to do analysis. there is a lot of legal analysis going on about this case about people that have written about it like