The decision of the Supreme Court to hear the Fisher v. UT case is potentially of historic significance. Hopefully, the court has learned since it decided Grutter v. Bollinger that allowing institutions of higher education to use race as "one of many factors" is an impossible decision. When race is used, it is not one of many. It becomes THE factor. The "pursuit of diversity" is a license to discriminate without constraint. The Fisher case provides an opportunity for the court to correct a very serious mistake.