College admissions that consider applicants' racial background still do not violate the Equal Protection Clause, the Supreme Court ruled this morning. The ruling, in Fisher v. University of Texas at Austin, ends a long-running dispute about the University of Texas's admissions criteria, which considers "intangible characteristics" of the incoming student body, including diversity.
In a surprise move, Justice Kennedy wrote the majority for the Court, which split 4-3, with Justice Kagan recusing herself. In the past, Justice Kennedy has supported affirmative action admission policies in theory, but not in practice. After contentious oral arguments, many speculated that he would cast the deciding vote to end university affirmative action programs altogether, not to save them.