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Affirmative action survives, under tougher standard
WASHINGTON – It was a case that could have led to the constitutional condemnation of school affirmative action policies across the country. But instead, the justices of the U.S. Supreme Court in Fisher v. University of Texas at Austin gave the lower court another crack at deciding whether the school’s policy passes constitutional muster — but not before offering a slightly tougher standard for the school to prove the need for considering race among school admission factors. Call it “no-other-way strict scrutiny.”