By a 7-1 ruling, The Supreme Court of the United States has sent the Fisher case that challenged affirmative action back to the lower court.

How do you get the rabid anti-AA types to rule with the rabid pro-AA types? You rule on a procedural matter on the law, and then throw the case out. In this case, the strict scrutiny requirement in the current law wasn’t followed to the court’s satisfaction. Instead, it saw the lower courts as being too deferential to the University of Texas and not challenging its use of race.

There were other better reasons to throw it out, but this one will do.

This is a victory of sorts. Affirmative action is not dead, and Fisher? Well, she can decide to take the matter up again. But there’s another case next year, and she might want to cut her losses.

More to come.