In a 4-3 decision today, the U.S. Supreme Court upheld t
he University of Texas
admission plan that takes race
Justice Anthony Kennedy joined three liberal decisions in the majority. Justice Eleanor Kagan didn't participate. Justices Alito, Thomas and Roberts were on the losing side. This upheld a lower court ruling. There'd been some thought that the court's decision to hear the case signaled a majority ready to reverse. Justice Antonin Scalia was alive when it was argued. But it appears that Kennedy again spelled the critical difference.