In a remarkably united decision the Court kicked this case back to the lower court with the instruction that the breadth of affirmative action was narrower than previously thought, but more or less intact. They could be hinting that the policy of diversifying a student population may be sustained if it is being implemented in good faith. I think they are leaving the door open to a revised affirmatie action scheme by which race is but one factor in allowing lesser qualified students to have places at major universities....social class, background and other things like that may be added into the mix.

Since the Affordable Care Act decision, Roberts seems to have taken the reins of the court away from Scalia...not a bad thing...and they seem to be compromising and showing a more united front than in recent years. It will be interesting to see if they do something similar on DOMA and Voting Rights.

They may be sending a message about compromising that is lost on the legislative branch these days.