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

kahlenberg, if abigail fisher prevails, what would face incoming freshman classes over the next several years? >> well, i think the research suggests that if abigail fisher prevails, we will see universities pursue a better kind of affirmative action, one that gets at these issues of class more deeply than they do today. right now, under race-based affirmative action, 86% of african americans at the selted lleges are upp iddle class or even quite wealthy. and at the same time, rich kids out-number poor kids by 25 to one. so we need to more aggressively address this class issue. i wish that universities would care about that for its own sake. but the experience in our country suggests that for a variety of reasons, universities do care about racial diversity, and they will use class or economic status only as a way of indirectly getting at that race. >> suarez: arb richard kahlenberg, gentlemen, thank you both. >> woodruff: still to come on the "newshour": under fire in libya and washington; battleground: colorado; outrage in pakistan over a young girl's shooting. and charges of doping b

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 orchestrapresident 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 ithe top 10% of her class. the majority of university of texas stuents, 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 o 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 s these rules into place, they basically said there will come a point when ou don't need affirmative action and universitt of texas. the question to come is when did we ge

if you think it's a closed book, well, abigail fisher may have thought so, too. until she got a rejection letter from the university of texas in 2008. race is one of several factors that ut considers in applicants who don't get in automatically based on their grades. 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. at

. >> reporter: abigail fisher was denied admission to the university of texas, she says, because of admission policies that favored less-qualified minorities. her simple argument is to stop using skin color in college admission. >> i hope the court rules that a student's race and ethnicity should not be considered when applying to the university of texas. >> reporter: the u.t. entering class is among the most diverse anywhere, roughly 50% white and 50% minority. by law, the school has to admit the top 10% of every high school class, regardless of race. but u.t. also uses what's called "holistic review," where race is separately considered with other factors, including leadership and family income. the university says that's legal under a 2003 ruling from justice sandra day o'connor. it allowed colleges to use race to find a critical mass of underrepresented minority students. but the court's conservative justices repeatedly asked when does the use of race end? liberal justice sonia sotomayor, defending affirmative action, asked: the university's lawyer, greg garre, said u.t. doesn't have a nu

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

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

it involves a student, abigail fisher, sued the university of texas after her college application wasn 2008. fisher claims she was turned away because she is white. cnn's joe johns is live in washington for us. joe, what are we expecting today? >> zoraida, it's just arguments today, but the case has the potential to come out as a very hard fought and close case, a case that could change the way students all over the country get admitted to college and whether it's okay to use race as a small factor in the admission process to achieve diversity. as you said, this case is about a woman named abigail fisher who says she was denied admission to the university of texas because of her race. she's white. she didn't get in. she ended up going to louisiana state university. the university of texas allows the top 10% from each texas high school to basically go to the university. then everybody else is subjected to something called holistic review. abigail fisher was in the top 11% of her class. the question is really whether it's okay to use race in the calculation when you use this narrowly ta

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

>> 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

joe johns gives us the details of this case. >> reporter: abigail fisher dreamed of going to the universitys 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 people in my class with lower grades who weren't in all the activities i was in who were being accepted into ut, and the only other difference between us was the color of our skin." she declined an interview with c of of cnn. it's the issue that will come before the supreme court on wednesday. edward bloom recruited fisher to file the lawsuit. >> the most important question is 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's how the admissions process at ut works. the top 10% of each high school class statewide gets in automatically. for those below the top 10% like abigail fisher who was

. >> 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

. >>> 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

. >> 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

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

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 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

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

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, 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

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, a white student, was rejected at u of t. high school students in the top 10% of their class are granted admission. but fisher fell short of that formula. race is just one of the factors. attorney davo abigdabel is president of the naacp. he supports affirmative action. attorney steven taylor who says they say they want to help but universities won't admit it. both guests have actually filed briefs on this fisher-u.t. case. mr. taylor, you first. what will be ms. fisher's arguments since she was on the 10% requirement that would have granted her admission based on her accomplishments. >> her argument is university of texas are violating principles the supreme court laid down in its last affirmative cases in 2003. in particular, universities said they could use race but they could not engage in racial balancing which means they could not seek proportional representation of the population. university of texas overtly does that. the court said you have to phase out racial preferences within 25 years. nine of those years are gone

abigail fisher sued the university of texas claiming she was denied a spot partly because she is white. >> i hope the court rules that a student's race and ethnicity should not be considered when applying to the university of texas. >> reporter: fisher's supporters say there are ways colleges can promote diversity without considering race. 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 tackled 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 have 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. supporters of the university's policies say changing it woul

let me tell you, you and abigail fisher, the plaintiff in the current university of texas case, you'vel wrong. consider this. it is possible you didn't get hired right out of law school because you just weren't good enough just like abigail fisher. she was a good student but she failed to clear the bar of u.t.'s ak demming achievement index. gable fisher wasn't admit birthday u a black student didn't talk her place. it was. her place. now abigail fisher and you, justice thomas, are poised to take the places of countless future students of color. so let's be clear. it's not a legacy of affirmative action. it's a legacy of racism that continues to con found and challenge our nation, to change it we need more than months or even years. we need generations to break down barriers that divide us. and do you know one of the important places where that work begins? in college classrooms, diverse classrooms, the kind of classrooms that affirmative action has created. and here's something i learned as a cljt professor. the measure of merit isn't the test you take to get into school. it's what yo

abigail fisher is suing the university of texas. she claims she was denied admission four years ago partly because she's white. the university claims using race as one factor in determining admissions is necessary to improve diversity. >> i think 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. >> i hope the court rules that a student's race and ethnicity should not be necessary when applying to the university of texas. >> most student are admitted to the university of texas based on their high school rank. a ruling expected next year. cbs moneywatch. spain's credit rating gets slashed and the end of the line for coca-cola's returnable glass bottles. >> reporter: good morning. standard & poor the credit rating agency cut its rating on spain's debt to the lowest investment grade status. spain's debt crisis has triggered social unrest and driven unemployment to almost 25%. s&p warns banks could be downgraded further if economic conditions continue to erod

abigail fisher came to the u.s. supreme court court today. she says she didn't get into the -- supreme court today. she says she didn't get into the university because she was white. >> i hope the court rules a student's race and ethnicity should not be applied in allowing entrance. >> i'm very proud of this young lady. she had the courage to stand up for equality and what was right and the guarantee fun mental to all of us that, we're entitled to the equal protection of the law. >> reporter: the university automatically admits most of its students based upon their rank in their high school class, put 1/4 of texas freshman are admitted based upon a formula made up of many factors, one of which is race. texas president bill powers said if the supreme court prevents that -- >> we would not be giving the kind of education to all of our students that would be preparing them to work in a global and diverse world, be a setback for our students and our society. >> reporter: powers says diversity benefits all students, but chief justice john roberts

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. among those that will be in the courtroom are relatives of heyman sweat. he sued the same college alleging his admission was blocked to university to texas because he's black. >>> a hearing today to focus on last month's attack at the libyan embassy in benghazi. ambassador chris stevens and three others were killed in the attack. a state department official will be among the witnesses to testify before the oversight committee. he's expected to deny reports the state department denied requests for additional security in libya in the weeks and months before the attack. >>> the man believed to be behind the anti-muslim film that sparked riots across the middle east is due in court today. a federal judge will decide if mark youssef will be sent back to prison for violating probation. he was convicted of bank fraud in 2010. he lied to his probation officers and used aliases. federal officials s

we host: how did abigail fisher determine that she had a case? >> it's interesting. she didn't get in. she had a family tradition of going there. she didn't get in. she saw students of color in her school who did get in who had lower test scores than she did. so she decided maybe she was a victim of racial discrimination. she was certainly a victim of having her race held against her in the admission process. whether she would have gotten in without this system nobody knows because that's part of the sec resi of this process. she had a take a long-shot bet that this lawsuit would eventually get her somewhere. and now it's got her to the door steps of the u.s. supreme court. one thing i'd like to agree on in is where the rupper meets the road is k to 12 education. we have a big gap in the qualifications of students coming out of high school and that's where we should be pouring our energy and resources. and i want to be clear, i am by no means saying students of color should not be at the best universities or they're harmed by it. if they're admitted under similar sta

university of texas at austin involves a white student, abigail fisher, who was denied admission in 2008. it challenges the constitutionality of using race as a factor in admissions decisions. fisher argues the university's race-conscious policy violated her civil and constitutional rights. in 2003 the supreme court endorsed the use of race as a factor in freshmen admissions. so, representative edwards, is affirmative action still necessary? >> absolutely, i think the commitment of the american dream actually rests with affirmative action, it requires it, i hope the supreme court does the right thing. >> i think that we're looking at different neutral different alternatives in talking about these issues on affirmative action. >> yeah, i agree. unfortunately until we start making serious changes in education system and i think it's necessary, affirmative action is necessary for inclusion and for diverse environment in the university system. >> i think 'farmtive action has become a crutch that we aren't revisiting education and how we're failing so many of our kids. until we do that maybe