The Supreme Court announced on Monday it would review the Fisher v. University of Texas case for a second time.  

Abigail Fisher sued the University of Texas in 2012 after she was denied admissions in 2008. As a white person, Fisher contends that her application was denied based on race. Fisher, who was not ranked in the top 10 percent of her high school and, therefore, was not automatically admitted, went through a deeper review process.

While the University has been criticized for affirmative action, it has lowered the percent of kids it must admit down to the top 8 percent in a high school class. 

U.S. District Judge Sam Sparks upheld UT’s program in 2009 saying that race is just one part of the overall admissions processes that looks at special circumstances, personal achievements and academic success. 

The U.S. 5th Circuit Courts of Appeals agreed with Sparks in 2009. In 2013, the Supreme Court ruled on a 7–1 vote that universities can use race as an admissions factor as long as the affirmative action process shows it builds student diversity.

The 5th Circuit claimed the program was still acceptable in 2014, along with the Supreme Court stating denying UT the right to consider race would “hobble the education experience.”