is out there. or policies that a university makes to deal with groups that have been historically discriminated against to make sure they re given opportunities to fully participate and take advantage of higher education opportunities and that s what the issue is here. this is distinct from fisher vs. the university of texas. neil: the argument could be in michigan they said we addressed this grieve vances in inequalities and it s not an issue anymore. that s exactly right sandra day o connor, the last case that was herd, she said in 25 years this may not be necessary, but in the states that have passed these laws, michigan being one of eight have decided it s not necessary anymore. the laws giving previous rep shall treatment based on race, ethnicity is not necessary. is that the state usurping the federal government?