The mystery of Fisher II review

The volatile constitutional issue of race as a factor in selecting the entering classes at public universities and colleges returns to the Supreme Court next Term, but it is far from clear at this point just why the Justices are stepping back into that enduring controversy, and where it will end up.  The Court has a wide range of options on how to decide a new case involving the University of Texas, and lawyers — perhaps necessarily doing some guesswork — may find it quite challenging to shape their written arguments to cover that range.
The Court, of course, never explains fully at the outset why it is taking on a case, although it sometimes rewrites the legal questions either to suit its own preference or to narrow the scope of what it plans to decide.  But, if it

Original SCOTUS article

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