The 2-1 decision goes out of its way to stick a finger in Justice Kennedy's eye. Ms Fisher says she is appealing... first it will be reviewed by the 5th Circuit's full panoply of judges. Then it's probably off to the SCOTUS for a reprise performance by Kennedy, J., who penned the 7-1 decision that admonished the 5th Circuit for a lax standard of review the first time around.
http://chronicle.com/blogs/conversation/2014/07/17/affirmative-action-ruling-could-be-pyrrhic-victory-for-ut-austin/?cid=pm&utm_source=pm&utm_medium=en
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