"There are -- there are those who contend that it does not benefit African Americans to to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less -- a slower-track school where they do well. "One of -- one of the briefs pointed out that -- that most of the -- most of the black scientists in this country don't come from schools like the University of Texas. They come from lesser schools where they do not feel that they're -- that they're being pushed ahead in -- in classes that are too too fast for them."
The liberals worked to poke holes in the argument that Texas cannot put race on the list of holistic factors. Justice Ruth Bader Ginsburg made the same point she had made the first time Fisher came to the court, which is that the supposedly "race-neutral" process of admitting the top 10 percent, which isn't being challenged in this case, isn't race-neutral at all, because it makes virtue out of a long history of school and housing segregation and discrimination. Justice Elena Kagan didn't say a word, because she has recused herself, having worked on the case as solicitor general. Justice Sonia Sotomayor fiercely challenged Fisher's attorneys. Meanwhile, three of the four most conservative members of the court reiterated that they oppose affirmative action and would overturn the court's precedent that it is allowed as a last resort to promote educational diversity. Chief Justice John Roberts repeatedly asked when remedies to racial discrimination would no longer be needed. (Judging from his past decisions, he believes the time is now.) Justice Samuel Alito tried to argue that advocates for affirmative action are themselves making racist or condescending judgments.