In June of 2013, the U.S. Supreme Court issued a ruling in Fisher v. University of Texas that threatened the continued use of affirmative action to promote diversity in university admissions. It vacated the decision of the U.S. Court of Appeals for the Fifth Circuit, which upheld its use, and remanded the case back to the appellate court. This legal brief examines the implications of the Fifth Circuit’s decision on remand. It examines the appellate court’s response to the High Court on remand, where it once again upheld the affirmative action program at the University of Texas.