Mark Strasser, What’s Next in Affirmative Action Jurisprudence: Fisher As Temporizing Rather Than Reflecting a New-Found Consensus, 20 J. Gender Race & Just. 157 (2017).

That a student could earn a maximum of 20 points based on race, socioeconomic disadvantage, attending a minority high school, or athletics was one aspect of the policy insufficiently emphasized.  But, in effect, this meant that only non-minority students could receive 20 points for any of the latter three, because the minority students would already have received 20 points on the basis of race.

Mark Strasser, What’s Next in Affirmative Action Jurisprudence: Fisher As Temporizing Rather Than Reflecting a New-Found Consensus, 20 J. Gender Race & Just. 157, 161 (2017) (citing Jennifer K. Murata, To See or Not to See? The Real Question Behind the Supreme Court’s Grutter & Gratz Decisions, 27 U. Haw. L. Rev. 165, 177 (2004)).