Justice Scalia said: "There are those who contend that it does not benefit African Americans to get them into the University of Texas, where they do not do well, as opposed to having them go to a less-advanced school, a slower-track school where they do well. One of the briefs pointed out that most of the black scientists in this country don't come from schools like the University of Texas. They come from lesser schools where they do not feel that they're being pushed ahead in classes that are too fast for them.
Scalia went on to say, "I'm just not impressed by the fact the University of Texas may have fewer [blacks]. Maybe it ought to have fewer. I don't think it stands to reason that it's a good thing for the University of Texas to admit as many blacks as possible."
This is the same Justice Scalia who, during a 2013 interview, argued: "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't."
The Fisher case is expected to be decided in June 2016.
Media Resources: Supreme Court of the United States transcript 12/9/15; Huffington Post 11/3/15