in Fisher I, JUSTICE SCALIA in concurring opinion: "I adhere to the view I expressed in Grutter v. Bollinger: “The Constitution proscribes government discrimination on the basis of race, and state-provided education is noexception.” 539 U. S. 306, 349 (2003) (opinion concurringin part and dissenting in part). The petitioner in this case did not ask us to overrule Grutter’s holding that a “compelling interest” in the educational benefits of diversity canjustify racial preferences in university admissions. Tr. of Oral Arg. 8–9. I therefore join the Court’s opinion in full."
in Fisher II: "If Fisher I permits UT to prevail here, the Court will need to rethink its endorsement of Grutter’s diversity interest given the diminished force of “stare decisis when fundamental points of doctrine are at stake.” Parents Involved, 551 U.S. at 792 (Kennedy, J., concurring in part and concurring in the judgment)."