the past that schools can consider a student applicant's race as one factor in order to achieve what the supreme court said is the desirable, educational goal of having a diverse student body. but the challengers here say this program at harvard and unc, both of them discriminate against asian americans making it much harder to get in. and they add the additional claim at unc it discriminates against white students and look at the individual talents and not use race as a proxy. >> make-up is different than it used to be, right? under previous instances and affirmative action has come before the court. that obviously makes a difference here? >> that could make a crucial difference, anthony kennedy and ruth bader ginsburg are gone.