like with affirmative action, and perspective student, abigail fisher, sued the university of texas, blaming the school's policy of holistic review. making ris a factor with applicants. justice scalia played a major role in december and drew criticism after saying that black students may do better in fast track institutions. >institutions scalia's vote may have ensured a win for fisher, for affirmative action in institutions. another key issue, the affordable care act, coming up next month. the plaintiffs argue that non-profits should be forced to pay for insurance plans. that is mandated by the affordable care act. justice scalia would have made it in their favor, but it's a tie, which means that the obama mandate will stay in place. and also, the power of united nations, with the california labor association. the plaintiffs are the public schoolteachers who say that they should not have to pay union dues, even if they take advantage of the benefits. >> they have forced me to fund collective bargaining efforts students. >> it could have gutted the power of public employee unions. bu

affirmative action, respective student abigail fisher sued the university of texas of denying her a spotaming holistic review. scalia drew criticisms by suggesting that black students may do better in slower-classed institutions. scalia's vote may have resulted in a win for fisher. another issue, the affordable care act coming up next month. the plaintiffs argue religious non-profits like schools and hospitals shouldn't be forced to pay for contraception as part of health insurance plans. that's now mandated by the affordable care act. now the most likely outcome is a tie, which means the obamacare mandate would stay in place. also at stake the power of labor unions. >> when we work together, we have power. >> reporter: the plaintiffs are california public school teachers who argue public employees should not be forced to pay union dues even if they take advantage of the result with higher wages and benefits. the unions force me to fund collective bargaining efforts that are harmful to my students. >> reporter: the case was argued in january. it looked like a slam dunk for conservatives.

perspective student abigail fisher sued the university of texas for denying her a spot, blaming the school'solicy of holistic review. justice scalia drew criticism for citing studies that suggest black students may do better in slower-tract institutions. scalia's vote may have ensured a win for fisher, resulting for an uncertain future of affirmative action in education institutions. and another one involves the affordable care act. scalia could have tipped the scales in the plaintiff's favor, but now the most likely outcome is a tie, which means obamacare will stay in place. >> when we work together we have power. >> reporter: and these plaintiffs who are california school teachers who argue that public employees should not be forced to pay union dues. >> the unions force me to fund collective bargaining efforts that are harmful to my students. >> reporter: it looks like a slam dunk for conservatives, but justice scalia's absence may now mean a tied 4-4 vote, and no change to the existing system. >>> now the conservative scalia formed a unique friendship with ruth [ technical difficulties ]

that is part that abigail fisher is contesting, a white female filed a suit against u.t. their efforts to boost the number of african-american and hispanic students cost her a spot. the university said she would not have made it regardless so this case is going to go before the supreme court again in the absence of justice scalia, how will the case do. richard? >> kennedy was a swing vote he did not go along, a conservative judge, so folks know kennedy, justice kennedy. all things being even, if justice scalia was there kennedy would be the swing vote. since kennedy may go for affirmative action because he feels...he likes the premise of having a school pick diversity as an important to overall compelling interesting. he like the theory. he did not go along with it at university of minute because he did not line how they does things. he could go with the liberals and you get a-3 decision for the case. the case went down to the lower court, they said the way they did it in texas was fine and now back up to the supreme court. he will probably swing toward accepting the plan