Page:Fisher v. University of Texas at Austin, 579 U.S. (2016) (slip opinion).pdf/48

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at 658 (mentioning Asian-Americans only a single time). Only the District Court acknowledged the impact of UT’s policy on Asian-American students. But it brushed aside this impact, concluding—astoundingly—that UT can pick and choose which racial and ethnic groups it would like to favor. According to the District Court, “nothing in Grutter requires a university to give equal preference to every minority group,” and UT is allowed “to exercise its discre­tion in determining which minority groups should benefit from the consideration of race.” 645 F. Supp. 2d, at 606. This reasoning, which the majority implicitly accepts by blessing UT’s reliance on the classroom study, places the Court on the “tortuous” path of “decid[ing] which races to