Cowards!
I adhere to the view I expressed in Grutter v. Bollinger : The Constitution proscribes government discrimination on the basis of race, and state-provided education is no exception. 539 U. S. 306, 349 (2003) (opinion concurring in part and dissenting in part). The petitioner in this case did not ask us to overrule Grutters holding that a compelling interest in the educational benefits of diversity can justify racial preferences in university admissions. Tr. of Oral Arg. 89. I therefore join the Courts opinion in full.
Sounds like Scalia is specifically asking for a later appeal to specifically ask that it be overturned.