And the only way one could reach that conclusion is to assume that Grutter is an unlimited mandate without end point to just use race to your own satisfaction and to be deferred to in your use of race. Rein, it seems to me that in your talking about critical mass, you are relying entirely on the 10 percent is enough. Grutter said there has to be a logical end point to your use of race. And just — I don’t want to cut you off, but–. Full Calendar –Your Honor, part of this is a — is a judgment that the admin — the educators are going to make, but you would look to the same criteria–. And I just want to make clear that we do not accept the premise of that footnote, that she would not have entered under any circumstances; that they’ve asserted that, but, in fact, she was considered for the summer program, which is–. You are talking about the CAP program, where she could have attended a different university in the Texas system, and had she been able to achieve–. –Well, Your Honor, it’s in the Supplemental Joint Appendix. briefs keyed to 223 law school casebooks. We — we started the case before it was clear whether she would or wouldn’t be admitted. I wish you would take that position, because it seems to me right. As I said — and there are several factors in this case that are quite different. But the reason you’re reaching for the privileged is so that members of that race who are privileged can be representative, and that’s race. "Rather, race is one of a number of contextual factors that provide a more complete understanding of the applicant's record and experiences. And that — they stood here today, and they said in their briefs, we want to boost the ones we like. But it doesn’t necessarily make a difference in the situation that Justice Alito posited–. Does a public university violate the Equal Protection Clause of the Fourteenth Amendment when it considers race in admissions decisions?top Well, how can the answer to that question be no, because being an African American or being a Hispanic is a plus factor. And then what the Court’s got to do is satisfy itself that the University has substantiated its conclusion based on that — based on the information it’s considered, that it needs to consider race to further advance the educational goals that Grutter has identified as a compelling interest. So maybe the University is concerned that that is an inadequate way to deal with it. And right now, that ranges at 30 percent. And to me, the one thing I want to pinpoint, since you’re arguing on that this satisfies Grutter if properly understood, as you say that. And to say that — if you took any racial group, if you had an admissions process that only tended to admit from a — people from a particular background or perspective, you would want people from different perspectives. And I tried to get you rigidly to focus on — forget the 10 percent plan. “. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. Leadership is an independent factor in the PAI. Because — because — I’m trying to make a simple point here. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. –And what I’m saying is that we never had the opportunity to develop the full damages–. But she — she had to pay an admissions fee for a process in which she was not treated fairly. When will I know that you’ve reached a critical mass? University of Texas Audio Transcription for Oral Argument - December 09, 2015 in Fisher v. University of Texas Audio Transcription for Opinion Announcement - June 23, 2016 in Fisher v. University of Texas John G. Roberts, Jr.: Justice Kennedy has our opinion this morning in case 14-981, Fisher versus the University of Texas. There are admissions that would not have taken place but for; somebody else would have had that place but for the use of race. Because, Your Honor, as is true for any group, and the Harvard plan that this Court approved in Bakke specifically recognized this, you would want representatives and different viewpoints from individuals within the same — the same racial group, just as you would from individuals outside of that. –have a specific number of people, Your Honor, but it is — it is an important part of improving the educational experience for all students at the University of Texas no matter what their race. –Let me make a couple of points, Your Honor. So you don’t want to overrule Grutter, you just want to gut it. But with respect to your factual point, that’s absolutely wrong, Your Honor. It was one of the things that you pointed out in your dissent. With the 10 percent plan, it’s much higher. You know, it’s — they want not just a critical mass in the school at large, but class by class? –What we’re saying in the brief was they were generating in fact a very substantial number of minority presence on campus.