many were disappointed with bruter. they thought that would be the death nail to affirmative action. when gruter came out it was we're going to continue to find sympathetic plaintiffs, particularly tune nist i can policies we might be able to use a new majority that seems to be willing to pull the plug on affirmative action. it's a long ep pick going back and foth. each time a hope it's going to be over with and each time the court gives a little and takes a little. many people thought this could be the end of affirmative action. they didn't get that far in this case and the court surprisingly to a lot of people held the compelling state interest in diversity. what they also did was heighten the standard for university of texas and now a lot of other schools in order to prove that this was narly taylored meaning there is no other way they could achieve a substantial amount of diversity without taking race into account. tavis: if you knew you were going to punt and i shouldn't say punt in reference to our supreme court j