it could also be potentially a legacy status, it could be a musical instrument talent and what abigale fischeris that she had better grades, she had better extracurriculars than other students -- but they were accepted instead of her because of their race. and to her that's a sign of discrimination. because of someone else's race, they were accepted instead of her, a white woman. >> you mentioned at the outset a certain number of justices have on sign on in ford a case to be recertified. has the court's composition given abigale fisher a better shot this time around? >> definitely. the composition is not changed since the case was last heard that would affect this. except for the fact that there has been reports coming out that last time the court was set to rule in favor of her. there have been reports in a recent by on the ground rave biography of justice sotomayor that the court was about to go 5-3 in favor of fisher's claims but were sort of persuaded in to an agreement where they would send it back down to the lower courts. what it explain second degree "america tonight" that justice soto