More important, this second appeal also gives us a second chance to argue the underlying issue. The trial judge on remand entered an injunction, ordering the law school not to consider race in admissions. Amazingly enough, this is the first appealable order that forbids consideration of race. However that goes, we can then ask the Supreme Court for review. Our brief on the merits is available on the World Wide Web .
Affirmative action achieves desegregation with minimum cost to historic measures of merit.
That is an argument that is equally available to Michigan, which has also been sued, and to other northern schools. We also argue that in Texas, affirmative action in higher education is a remedy for pervasive racial discrimination in K through 12. That is an argument that is available to other schools in the South, but is much less available to schools in the north. Both arguments are serious, and both the Fifth Circuit and the Supreme Court are closely divided. We expect the case to be very close in both courts.