Supreme Court Sends Affirmative Action Case Back to Lower Court

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The Supreme Court makes a ruling in a high-profile Affirmative Action case, but it didn't settle whether race should be used as a factor in college admissions.

Abigail Fisher sued the University of Texas claiming she wasn't admitted because she's white. The school factors in race, along with test scores and student activities to help select its freshman class. Lawyers say the policy is necessary to improve diversity.

"Most Americans would like a day when we don't need to take race and ethnicity into account in admissions," said University of Texas-Austin President Bill Powers. "We are not to that day."

The high court sent the case back to a lower court saying it didn't use the right standard to decide if that policy is constitutional.

Justice Clarence Thomas said he would have gone further, saying race should not be a factor in college admissions. Justice Ruth Ginsburg was the only justice to vote against the ruling.

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