texas affirmative action case that they remanded back to the circuit courts. this what is you write. the supreme court decision on affirmative action could have been a lot worse. it was probably the best we could have hoped for. why is that, gene? >> you know, it's being characterized as a punt by the court, but actually if you read the opinion written by justice kennedy, it wasn't. it was essentially in the -- a continuation of the court's view in the last several decisions about affirmative action which essentially is that you can in certain circumstances as kind of a last measure take race into account after you've looked at all other sort of race neutral ways of increasing diversity which is a thing -- which is a desirable thing. >> which, by the way, gene, for