Justice Antonin Scalia questions place of some black students in elite colleges

Reid compared Scalia to Republican presidential frontrunner Donald Trump, who recently proposed a ban on Muslim immigration to the U.S.

In the affirmative action case of Fisher vs. University Texas' (UT) second go-around in the Supreme Court, both sides made oral arguments for the second time since June.

Fisher, who has since graduated from Louisiana State University, just missed that cutoff at her high school in Sugar Land, Texas, and then entered a separate pool of applicants admitted under the system that is commonplace at most colleges and universities, where race is considered as one factor among many.

University of San Diego law professor Gail Heriot wrote in one brief that "the nation now has fewer African-American physicians, scientists and engineers than it would have had using race-neutral methods" because of the minority student drop-out rate in some demanding science programs.

Scalia noted that notable black scientists "come from lesser schools where they do not feel that they're being pushed ahead in classes that are too fast for them".

Yes, this actually happened.

"I'm just not impressed by the fact that the University of Texas may have fewer (African-Americans)", Scalia , in part.

The Supreme Court's decision to revisit the case this term struck many supporters of affirmative action as an ominous sign, one suggesting that a 12-year-old societal compromise was in peril.

What do you all think of Justice Scalia's comments? He said there are things "that we should know but we don't know". Justice Anthony Kennedy, who nearly certainly holds the crucial vote and has never voted to uphold an affirmative-action plan, spent nearly all of his time exploring whether the university should be allowed to submit more evidence to justify its use of race in accepting students.

Among the liberal justices, the most-vocal supporter of the Texas program was Sonia Sotomayor, the court's only Latino, who repeatedly clashed with Rein - and some fellow justices. In 2013 the court reached what Justice Stephen Breyer characterized Wednesday as a compromise, sending the case back to a federal appeals court for closer scrutiny.

Alexandra Samuels is a University of Texas-Austin student and breaking news correspondent for USA TODAY College.

"This court heard and rejected that argument, with respect, Justice Scalia", he said.

Scalia is likely referring to a "slower track" because opponents of race conscious affirmative action policies often say that students of color are admitted into selective colleges they shouldn't be attending - claiming they are "mismatched" and will eventually falter academically. Abigail Fisher sued UT in 2008 saying she was denied admittance to the school because she was white.

Systemwide, the University of California has maintained diversity, said Andrew Grossman with the Cato Institute. The school automatically admits graduates who finish in the top 10 percent of Texas high schools, and they make up 75 percent of the student body.