the suit was brought by abigail fisher-- a white, honor roll student who was denied admission at the university of texas at austin in 2008. fisher, now 22, was in the court chamber today and later spoke briefly to reporters. >> i hope the court rules that a student's race and ethnicity should not be considered when applying to the university of texas. >> ifill: her lawyer, bert rein, said it comes down to equal protection under the law. >> we've recognized that there are some interests in diversity that are beneficial in the educational sphere. but we have said and we continue to say that is not an overriding consideration that has to be administered very narrowly because it's an odious and dangerous classification. >> ifill: but university president bill powers argued that concern is trumped by the need for a diverse student body. >> we believe the educational benefits of diversity are so important that they're worth fighting for all way to the united states supreme court. our lawyers this morning effectively made the case to the justices that diversity-- ethnic and otherwise-- bene

a short time ago, i spoke with abigail fielding smith of the "financial times" from beirut.lcome. tell us a bit more about the presumed target here, a top intelligence official. how has he stirred up enemies? >> well, he was one of the most senior intelligence officials in lebanon. and he was associated with a couple of particular things which really targeted syria and syria allies in lebanon. one was the investigation into the murder of former prime minister rafik hariri in 2005 and most recently he was seen as being involved in the arrest of one of the syrian president assad's top allies in lebanon which was seen as a very bold move for the intelligence services in lebanon. >> brown: no one has taken responsibility for the bombing yet, i gather. who what is the thinking there? what is being talked about? who is being looked at? >> well, politicians in lebanon who are associated with the sort of anti-assad movement have been very quick to blame assad. for many lebanese the bomb today was a huge blast, was reminiscent of a string of attacks which took place against anti-syri

abigail says her race may have cost her a texas education. and today as we speak, the highest court in the land is hearing her very case. it is the supreme court's first so-called affirmative action case in a full decade almost. and the outcome of this case could reach far beyond college admissions. cnn's senior legal analyst and an expert on the supreme court, jeffrey toobin, joins me this hour live from san francisco. and jeff, before i tap into your extraordinary wealth of expertise on the supreme court and get your insight, i want to lay some groundwork and let our colleague, joe johns, come in first and tell everyone just more about how this case came to be. >> reporter: abigail fisher dream of going to the university of texas at austin for most of her life. after applying, she didn't get in. attending louisiana state university instead. but the rejection from ut led fisher to file a lawsuit against the school claiming she was squeezed out, unfairly denied admission because of her race. she's white. she said in a statement, "there were p

more moderate to liberal, such as justices breyer and soto mayor and ginsberg being concerned that abigail fisher was asking the court to overrule the grutter decision. justice breyer, for example, pointed out that two lower courts here had looked at texas' plan and found it did meet all the requirements under grutter, so he pressed miss fishes lawyer as to why do yousay it doesn't satisfy grutter, and mr. rein, representing miss fisher, argued texas never considered race-neutral ieflts after the 10% plan went into effect to see if it could achieve what grutter calls a critical mass of underrepresented student. i use "critical mass" because it became important when the more conservative justices began questioning th university's attorney, gregory garre. and how as chief justice roberts said, how do you measure critical mass? under the 14th amendment, when classifications are made on the basis of race, the court applies its strictest scrutiny and says the racial classification has to be narrowly tailored to achieve a compelling state or governmental interest. and chief justice roberts said

we are not to that day. >> reporter: abigail fisher went on to graduate at another university, but the supreme court's decision could impact college admissions nationwide. when the court last considered the issue in 2003, it supported some racial consideration in public university admissions. as the justices listened to arguments, supporters and opponents of affirmative action gathered outside the court. both sides are closely watching e fisher case. >> the historical content, it's very important we have a level playing feel for everyone. >> i don't think diversity is a compelling government interest. it's certainly not a justification for further discrimination. >> reporter: a ruling in this case is expected next year. the supreme court has upheld affirmative action for the last 30 years. this case could change things. at the supreme court danielle nottingham, back to you. >> interestingly this case will be decided by eight of the nine supreme court justices. associate justice elana kagan recused herself because she was involved with the case while she served as solicitor general befo

gerri: abigail fisher, her 2008 application was rejected. she was in the top 12% for graduating of the graduating class from a recognized for academic excellence. she was the orchestra president and a habitat for humanity volunteer. why shouldn't she be in the school lobby? >> okay, i agree with kelly. justice should be blind, that is why the lady that holds this is blindfolded. but to aaswer your question, she's not in there because she wasn't in the top 10% of her class. the majority of university of texas students, in order to be able to do that to me have to meet that race neutral criteria. of criteria, where people get considered for those positions, race is one of a number of factors. the question for the supreme court is, under that scenario, those circumstances is it legal -- and they very well could be. gerri: what i think is interesting about this is that the law that set these rules into place, they basically said there will come a point when you don't need affirmative action and universitt of texas. the question to come is when d

african americans or hispanic students don't feel like spokespersons for their races. >> reporter: abigail fisher's lawyer, bert rein, calls college diversity important but not if it discriminates. >> the absence of equal protection was a sin in this country for a long, long time, and we're simply trying to say those rights belong to everybody. >> reporter: several of the justices seem conflicted about that 2003 decision that allows the use of race to achieve college diversity. the author of that decision, sandra day o'connor, was watching these arguments in the courtroom. scott, either way, the future of affirmative action at hundreds of colleges and universities is now in play and riding on this decision. >> pelley: wyatt, as you mentioned, enrollment at the university of texas is nearly 50% white, about 18.5% hispanic, 15% asian and 4.5% black. anna werner found that on the campus, opinions are divided. >> and this is the famous photo. >> reporter: heman sweatt's great uncle went on to become the first african american student to graduate law school in 1950. >> you had to leave the stat

abigail fisher was in the top 11% of her class. really whether it's okay to use race in the calculation when you use this narrowly tailored program to achieve diversity. >> i know earlier when we ired your package we talked about race being part of the review process. do we know how important race -- not important, but how they factor race? is it one of many things that they factor in, is it more significant than other aspects? >> right. the way it's been described to me by a lot of people -- and we even talked to the university president, sort of one small part. a factor of a factor of a factor. >> okay. >> none the less, it's still in there and, you know, it could really affect the way people get in for years and years. the question, of course, is whether the court rules very broadly on this or rules very narrowly. and, zoraida, it's another interesting fact here, is that justice alaelena kagan has recud herself with this case because she dealt with it just a bit byte when she was solicitor in a lower court. that means that there

we are not to that day. >> reporter: abigail fisher went on to graduate at another university but the supreme court's decision could impact college admissions nationwide. when the court last considered the issue in 2003, it supported some racial consideration in public university admissions. as the justices listened to arguments, supporters and opponents of affirmative action gathered outside the court. both sides are closely watching the fisher case. >> it's very important that we do have a level playing field for everyone. i don't think diversity is a compelling government interest. it's really not a justification for discrimination. >> reporter: a ruling in this case is expected next year. danielle nottingham, cbs news, the supreme court. >> eight of the nine supreme court justices will decide the case. associate justice elaine take kagan has recused herself. she served as solicitor general prior to joining the court. >>> people who report wrongdoing which can impact national security can now also report waste, fraud or abuse without fear of retaliation. that's because the presiden

ron says there's still reasons to be a bull, while abigail is not so convinced. ron, make the case.'re a long-term bull. >> as i said over the last couple week, i also thought we might have anywhere from a 3 to 10% correction anywhere between october and the election. meanwhile, you have every central bank on the planet ru rushing liquidity into the system. whether it's the european central bank, the people's bank of china or the fed, there's a lot of liquidity still sloshing around. as it's always been said, you don't fight the fed. >> abigail, you say it's time to be bearish. >> i think ron makes a great point about this current slide in the markets. when we look at the dow transports, they've been trading in a more than year-long trend of lower highs. that's a bearish trend. the dow transports have been trying to take out a year to date low as the dow industrials have been trying to go higher. typically that's a bearish signal. this week of concern, nasdaq composite below its 50-day moving average. from a technical perspective, we're going to see the major indices go to their mov

named abigail fisher... who claims the university chose not to admit her because of her race. the race s a faccor in admissioos is the only way to keep the student body diverse... and ensure minority rrpresennation on campus. only 8 justices will hear today's case. the death tool from the nationwide meningitis outbreak of people who have becooe ill is climbing. climbing.the centers for up to 13-thousand maa have 3 lead to thh outbreak.officials say the pharmacy that produced the contaminnted steroid has products off the market. 3on behalf of theeboard, i wwnt to express our deepest sympathy foo the atients and the families who have been impacted by this tragedy. tragedy.health officcals say 75 medical facilities in 23 states received the marylann noo has eight confirmed casee f meningigtis and one death. peath.while health officials some product liability aatorneys tell us they have already been contacted byy ppople who have been exxosed. "it ould be a products liabiiitt takinn in general negligence princiiaas of "right now, ... hundreds of marylanddrs... who were givvn te tai

that is what happens to abigail fisher. is not disputed. she was treated differently because of her race, color, or national origin. we are not going to be talking so much about title vi, talking about the constitution. the supreme court says that doesn't really mean what it says. we think that it just means what the constitution means. the constitution has a little more wiggle room but not a lot. but constitution guarantees, quote, the protection of the law. the whole purpose of the equal protection, the fourteenth amendment was to outlaw separate legal standards. that seems pretty straight forward to me. and there are other federal statutes, section 1981, that banned racial discrimination and that includes college tuition. it ought to be fairly straight forward. three quarters say those words don't really mean what they say. there's not a categorical ban and there is an exception in this area. and you would think if the supreme court's is going to carve out an exception to the principle of racial discrimination, it is clearly there in the

cnbc contributor abigail doolittle suggests taking money off the table in the face of these gains. deborah, let me kick this off with you. you're a believer here. you think we're going to see a market meltup going into year end. what happened in august then? i mean, what changed that all that money came out of funds in august? why do you think it's going to play catchup here? >> maria, i think everyone bought into september being that bad month. they wiere all scared and pulle out. we didn't have the selloff they were expecting. we started to see from libra, i looked at their numbers, most is coming into the equity etfs, not equity funds, themselves. they're starting to tiptoe back in. you have so many portfolio managers that said i'm going to wait until the big, bad day in september when everything sells off then going to buy and they didn't get their chance. >> abigail, not only to you feel a meltup is not coming, you want to take cash off the table. >> actually there was a recent survey of money managers who suggested the number one fear out there is actually the fiscal crisis,

>> jennifer: that's abigail fisher the woman at the center of the first affirmative action case to gothe speak in nearly a decade. because she was not in the top 10% of her graduating class, and therefore not automatically enrolled in the texas education center she was therefore considered under a different area an area that considers race. so the concern is that affirmative action is in danger of distinction. coming to us via skype is sacks, the supreme court correspondent for the "huffington post." welcome back inside "the war room." >> thank for having me, jennifer. >> jennifer: you have get. you actually got to be inside the court during the arguments today on this affirmative action case. describe the mood inside the courtroom. >> i think everyone there new the affirmative action action in texas was on the chopping block. justice o'connor scrolls in and sits down directly at me and i could swear i saw her stair up at the other justice. >> jennifer: obviously it has been nearly a decade since we heard from the supreme court when she actually made the decision. so you figure that a

that is the invasion of abigail fisher's rights to equal protection under the law. >> thank, council. -- thank you, counsel. the case is admitted. >> joining us here in washington, the author of " mismatch." how this policy hurt the students it was intended to help. >> abigail fisher claimed way the university reviewed admissions was not fair based on race. the aclu filed i brief. -- a brief. that they should be able to include additional factors in addition to test scores. so that it prepares all students for a global environment when -- which they will enter when they leave school. we made technical arguments about the standard of review at issue, but the crux is that we wanted the fifth circuit, and that the university's process was legal to be upheld. >> can you briefly explain how the university deals with issues of race as far as texas is concerned? guest: sure. they look at two issues. they look at the academic performance of a student. let me start by saying they have a unique procedure down there in texas in that there was a state law in texas that was enacted in 1998 that pr

abigail fisher, demandante espero que la corte decida que la raza y etnia de de 1 estudiante no debiera activistas en favor de la accion afirmativa dicen que aun es necesaria. eduardo garcia, campus progresssi queremos tener mas diversidad en nuestros salones, en nuestras escuelas, en nuestras universidades publicas, necesitamos reconocer o considerar la raza cuando los estudiantes aplican para la escuela. la universidad de texas considera la raza como factor de admision para postulantes que no esten en el 10% mas alto de las escuelas secundarias de su estado. su presidente dice que 1 decision adversa de la corte seria 1 reves. la corte no tiene los mismos jueces que cuando considero la accion afirmativa en otro caso hace 9 anos, y la jueza elena kagan se recuso porque participo en el caso en su rol anterior de abogada del gobierno. brenda arredondo, conferencia de liderazgo de derechos civiles y humanosy a que a lo menos vamos a quedar 4-4, que quiere decir que la decision se regresa a la corte mas baja al distrito 5 de texas." standup: fernando pizarro, washington d.c.esta decision de

she wanted to concentrate on starting a family and had twins abigail and allison five years later. through an agency, schmidt has gotten work consistently ever since. she's been on her current project for four years, making up to $85,000 annually. >> by freelancing i was able to keep my resume active, so some really interesting projects and keep my name out there and stay home. i could pick and choose some projects, i could work as many hours or as few hours as i wanted to and i was able to balance things out in a way that made sense with our family. >> reporter: many companies have turned to freelancers after downsizing during the recession. a recent survey by on-line employment website elance found 62% of freelancers were getting work, managing two to six projects at a time. and 43% expected to earn more money next year, than this year. schmidt gets paid by the hour and is limited to 40 hours a week. and while freelancing lets her focus more on her family life than her professional one, she admits there are drawbacks. >> health insurance is an issue, vacation time is an issue. wh

presuntamente haber sido encontrada dentro del carro de un desconocido take vo ---segn las autoridades, abigail aÑos de edad, tenia mas de 50 llaves de carro cuando fue detenida ---los detectives dicen que es comun que las personas que roban vehiculos carguen varias llaves que luego utilizan para ejecutar el crimen ---lee enfrenta cargos por poseer propiedad robada e intentar robar un vehiculo.. blanca alumnos de una secundaria en el ste de la baha an estn asimilando la muerte de un popular maestro... james izumisaki fue encontrado muerto ayer, a pocos dias de haber sido acusado de molestar sexualmente a una ex- alumna.. cesar --jaime peluffo nos tiene los detalles.. jaime.. take pkg :10 - :14 :21 - :24 :46 - :49 1:16 - 1:18 1:29 - 1:32 take pkg antes de que empezaran las clases en la secundaria de albany esta maÑana, los estudiantes ya sabian.. maestros y padres de familia realizaron una vigilia por james izumazaki. s.o.t. lori endo/madre de familia 12:00 he made such a big difference in my son's life.. hizo una gran diferencia en la vida de mi hijo, dijo esta madre. la muerte de izumizaki est

edward bloom recruited abigail fisher to file the lawsuit. >> should a university judge a student by his or her skin color when it comes time for admission? and the answer is no. >> reporter: here is how the admissions process at u.t. works. top 10% of each high school class statewide gets in automatically. for those below the top 10%, like abigail fisher, in the 11%, they use what it calls a holistic review where race is one of many factors considered, one that university president bill power says doesn't get much weight and didn't play a role in fish fisher's rejection. >> we take ethnicity as one of many, many factors in a holistic review to make sure that the three quarters coming in under automatic admission, though we add to that with a quarter coming in where we can look for these other characteristics, including diversity. >> i think she's fighting the wrong fight. >> minority student leaders on campus like bradley pool agree with powers that the process is fair, despite fisher's claims. >> probably one of the least parts of the holistic review process. i think it's harping o

. >>> la demanda que analiza el tribunal supremo, la presentÓ abigaÍl fisher se le daba tanta preferencia por ser blanca. >>> los sondeos indican que en este paÍs sigue incumplrementando la opoÓn a acciÓn afirmativa. >>> los 7 estados como california donde se suspendieron, las minorÍas no salieron perjudicadas. universidades como ucla de todos los estudiantes admitidos este aÑo, solo un 35% son blancos >>> las universidades tienen que aceptar a los estudiantes segÚn su ak academia y grados. >>> la corte suprema es conservada y se especula que una de las mayorÍas de los magistrados llevar al paÍs por un nuevo camino que dio pie a protestas frente al tribunal. >>> para mÍ es importante soy primera generaciÓn, mis padres son mexicanos. soy la primera persona por lado de mi mamÁ y papa que fue a la escuela. >>> pone fin a acciÓn afirmativa a los 43 estados que prefieren las preferencias raciales y reducirÍa el nÚmero de minorÍas en los centros de educaciÓn superior en los Ängeles, carlos botifoll telemundo. >>> nos vamos a new york, donde el legisladores de la ciudad realizan audiencias para

we are not to that day. >> reporter: abigail fisher graduated at another university, but the supreme court's decision could impact college admissions nationwide. when the court last considered the issue in 2003, it supported some racial consideration in public university admissions. as the justices listened to arguments, supporters and opponents of affirmative action gathered outside the court, both sides closely watching the fisher case. >> in the context it's very important that we do have a level playing field for everyone. >> i don't think diversity is a compelling government interest. it's really not justification for discrimination. >> reporter: a ruling in this case is expected next year. the supreme court has upheld affirmative action for the last 30 years. this case could change things. at the supreme court danielle nottingham, anita, back to you. >> thank you. >> eight of the nine supreme court justices will decide the case. associate justice elena kagan has recused herself because of her involvement serving as solicitor general. >>> two groups of casinos lobbying maryland

. >> that's abigail fisher. she sued the university four years ago claiming she didn't get in partly because she is white. university of texas factors many things, including test scores, student activities and race as well to help pick its freshman class. lawyers for the university sefd the policy is necessary to improve diversity. a ruling is expected next year. >> most americans would like a day when we don't need to take race and ethnicity into account in admissions. we are not to that day. >> abigail fisher went on to graduate from another university but the supreme court's decision in her lawsuit could impact college admissions across the nation. again a ruling in this case is expected next year. >>> this morning rescue workers in miami freed a construction worker who was trapped underneath a collapsed garage. two workers were killed yesterday when the five-story garage came crashing down. this was on the campus of miami- dade college west. no students were injured. however, at least eight workers were hurt

. >> abigail fisher brought the issue back after suing the university of texas at austin for not admitting her. she claims discrimination because of her race. >> i hope court rules that race and ethnicity should not be applied. >> the issue -- attorney argued that race should be stampedstrid away from the applications processed. >> the president of the university argued that race is one of many factors considered in the admissions process. >> we believe the educational benefits and diversity are so important that they're worth fighting for all the way to the united states supreme court. he says the impact will reach beyond the campus. >> they are set -- this is a setback for our students and society. >> the justices will likely make a decision next year. >> there is much more news ahead on 11 news at 6:00 p.m. >> a cold front coming through tonight. tonight. ♪ ♪ [ male announcer ] combine the pnc cashbuilder visa credit card with a qualifying pnc performance select checking account and earn 75% more than cards earning 1% cash back on almost everything. earning 1% cash back it's heavy lifti

that is what happened to abigail fisher. it's not disputed. she was treated differently because of her race, color and national origin. now, we are not going to be talking so much about title vi, we are going to be talking about the constitution because the supreme court said well, that doesn't really mean what it says. we think it just means what the constitution means. and of the constitution is it has a little more wiggle room although not a lot. the constitution guarantees equal protection of guilaume and out what the purpose. the separate legal standards. that seems straightforward. the court has made clear that includes college tuition. the court said the words don't matter what they say. soon and there is an exception in this area of. to the principal of racial discrimination it's pretty clearly there and all and the branches have spoken to this. it must be pretty strong and undeniable. it must be something like it helps us identify somebody that's about to settle the nuclear bomb in new york city to be really compelling. the argument h

this was brought by abigail fisher, a white woman denied admission at university of texas even though some of her scores were higher than minority candidates. and she sued under equal protection grounds and the justices have to decide whether schools can use racial preferences even when race neutral means the on the campus are already effective. >> what does it tell you that the supreme court took the case as recently in 2003, in a michigan case, the justices said that race could be one of the criteria used in admissions. does it seem to you that they're revisiting that judgment? >> they're certainly revisiting that judgment and part of it is because how that judgment played out. what happened in the case you're referring to, gruter versus university of michigan, was that they basically said that, sandra day o'connor said in her opinion schools should try first to use race neutral means. now, university of texas was doing that, they have a law called the top 10% law which basically requires the school to admit the top 10% of high school students across the state. >> from any high scho

people rallied at the court this morning after abigail fisher filed suit against the school cleaning she did not get admitted because she is white. the university says it uses race and on many factors to determine about a quarter of its incoming classes and that it necessary to have such a standard to provide diversification. people on both sides of the issue are talking about this one. >> i hope the court would not in effect turn back the clock on racial equality and diversity in this country. >> i hope the court rules race and ethnicity should not be considered when applying to the university of texas. >> the justices are not expected to issue rolling until at least early next year. >> coming up, new revelations about what happened the day in the u.s. consulate in benghazi was attacked. >> bundle up -- prepared to save -- prepared to pay more on your heating bill. >> a cloudy start and sunshine this afternoon. will it move away tomorrow? pamela howze: it just seems like such an... infringement on our lives. how dare they step into my life that way. it's none of their business. he's

the nine justices will hear the case of abigail fisher. she says she was denied admission to the university of texas austin in 2008 because she's white. the university says she was denied because she fell outside the top 10% of her class. the decision isn't expected until next year. >>> now at 6:06 we're learning new information about a murder of a reporter. fauquier county sheriff's investigators now say sarah libby greenhall died from a gunshot wound to the neck. firefighters found the 48-year-old's body in july when her house caught fire in upperville, virginia. the chief medical examiner's office in manassas ruled her death a homicide. three months after her death, her mother still has questions. >> well, i was very surprised when i heard that because, obviously, it was a murder because we didn't know that in the beginning. we just knew that she had died. so when you hear that, i can't even process that, that why would she know anyone so violent? >> sarah wrote for the with the "winchester star" newspaper. they're working to solve the

i can see abigail adams sitting and clutching her scorching hot cup of joe, john adams saying sit downnd drink your damn coffee, woman. she really was the brains of the outfit. my mother is overworked, tired, but her still solid body stood hard as a rock. i'm not going to cry, as a tear falls down from her face. don't cry, mom, don't cry. [cheers and applause] >> that was her first time ever. yay! and up next we have indiana telepenova. >> a recipe for water. start with the color magenta, a burning asphalt, of beach ball sighing out its life, a garden grown on accident after accident, add a father painting shelves on the cove, a pinch of guilt, statues of isabella butter flisse -- butterflies, and extinct alpha betts, a teaspoon of autumn leaves, a shepard playing with the winds, some animal begging for snow. mix vigorously like the mountain mixes up its slopes. preheat the bed of a star to -- 240 light-years away. thank you. and next is -- [cheers and applause] >> next is robin black. >> hi, robin! >> oh, ok. i had to know. this is called "eviction notice." the police turned us away.

naaed abigail fisher... who claims thh universitt chose not to admit her because oo her race.ity says that using is the only way to keep the ns - student body diverse... and ennure minority epresentation on campus. only 8 justices will hear todayys case. a maryland lawmmker reaches a plea deal before her trial for the deal... delegaae tiffany alsson will be immediaaely suspended from the maryland house of delgates.in june... alston was founddguiity in a separaae case of paying an pollars in state money.this unpreccdentedd. and the terms of the deal are stilllunder judicial review. toyota is issuing aaglobal million cars.officials say there's a problem withhthe power windows that could start a fire.so far no injuries have been reported.several models pre impacted by the recall, including some highlanders, janet jackson is speaking out... over a magazine article sse calls a lie. lie.her lawyers are demanding a retraction fromm"vanitt accused her of trying tt delay her late brother's funeral... commenting on the issue. actress milaakunis is nameedthe "sexiest woman alive"... by e

purchased it five years ago and samed it sam after the first initials of her three children, samuel, abigail and mica. she contributed a considerable amount of money into renovating this restaurant and a strong tenant in the corridor. i go to sam's regularly and a big fan of the korean tacos and if you would like to check that out. it's close to our office. the dinear is welcoming to great broad section of the neighborhood and it's accessible and affordable and delicious and where many of the actors of the stage shows go well and stays opens late to accommodate those folks and rejuvenate the arts district? a. genie grew up where food was part of the living and hard work and spirit and overcoming obstacles and she actually makes would meals herself and definitely complement the chef when she is there. she is often busing tables on top of cooking so lee if you would like to say a few words on behalf of your partner genie. it's a pleasure to have you here today. >> thank you supervisor kim. we enjoy the recognition. genie isn't here so i can brag. i don't know anyone that works harder than she

the applicant, abigail fisher, said she was rejected by the school even though she had better graze andore activities than minority students than were accepted. >> we shouldn't be talking about picking winners and losers you would hope and expect that they are getting something back. >> supreme court justice elana kagan is recusing herself because she worked on the case while in the lower courts. >>> a man who made a name in both sports an acting has died. he was a hall of fame football store for the lions. he went on to have a successful hollywood career. he played the father on the hit show "webster" and he appeared in "blazing saddles." he died in his home. he recently suffered kidney failure and was diagnosed with dimension. he was 77. >>> poofs are asking for the public's -- firefighters are asking for the public's help to help find an arsonist. the fires are set in trash bins and firefighters are worried that the they will spread. >> at least eight fires are blamed on the unknown arsonist. anyone with information about the fires is asked to contact the authorities. >>> a father an

abigail fisher sued after she was rejected by the university of texas at austin. >> there were people in my class with lower grades who weren't in the activities i was in who were being accepted. the only other difference between us was the color of our skin. >> reporter: defenders of the practice say students are better prepared by a more diverse school experience. >> the best way to get to racial diversity is to consider race in an individualized way that looks at the whole applicant. >> reporter: the defense of marriage act signed by president bill clinton is also facing numerous challenges. the law states that the federal government will only recognize traditional marriages, meaning no federal benefits even where same-sex marriage is legal. >> same-sex couples are denied hundreds of different rights and benefits that are provided to married different-sex couples under federal law. >> reporter: on the document as well, whether to curtail parts of the historic voting rights act of 1965. it mandates federal oversight for states with a history of voting discrimination when changing an

abigail fisher sued the university of texas claimed she was denied a spot partly because she is white. fisher's supporters say there are ways colleges can promote diversity without considering race. >> we think that colleges and universities throughout the country can institute race neutral admission criteria, especially using economic disadvantage to give students a leg up. >> reporter: texas has a law called the 10% plan. it guarantees admission to all students in the top 10% of their class regardless of race. after those students are admitted, the university of texas uses other factors, including test scores, student activities, and race to determine who gets the remaining spots. the supreme court tack himmed the controversial issue just nine years ago but since then, the makeup of the court has become more conservative. >> the end of affirmative action is a political goal that people had for quite some time. that's what's at stake in this case. >> reporter: the university contends even if fisher was a minority student, she would not have made the cut the year she applied. supporte

abigail fisher, who is white, was denied admission to the university of texas at austin to richie suit, arguing that racial minorities with force credentials were accepted at had a fair -- ahead of her. she says and violates the guarantee of equal protection. this is about an hour and half. >> well, i get to say that this is case number 11-345, fisher against the university of texas at austin. and you get to say -- >> mr. chief justice, general suter trained me too well. mr. chief justice, and members of the court, and may it please the court, the central issue here is whether the university of texas at austin can carry its burden approving that its use of race as an admissions-plus factor in the consequent denial of equal treatment, which is the central mandate of the equal protection clause, to abigail fisher met the two tests of strict scrutiny which are applicable. first -- >> mr. rein, before we get to that, because the court is supposed to raise it on its own -- the question of standing. the injury -- if the injury is rejection by the university of texas, and the answer is no mat