KVUE-TV, Austin, Texas

AUSTIN, Texas — The 5th U.S. Circuit Court of Appeals ruled once again in favor of the University of Texas' affirmative action admissions policy Tuesday.

The appeals court reheard arguments in the case, which challenges the university's admissions policy, but judges reached the same conclusion Tuesday: Affirmative action is constitutional.

Last year, the Supreme Court ruled that the federal appeals court based in New Orleans didn't apply "strict scrutiny" when making its initial decision to uphold the University of Texas admissions policy, which allows the use of race as a factor in college admissions.

The 7-1 Supreme Court ruling came in June 2013 in the case of Abigail Fisher, a white Texas student who was not offered admission to UT-Austin in 2008. Fisher claimed the university's affirmative action policy was the reason she was not admitted.

Justice Anthony Kennedy, who wrote the Supreme Court's 2013 decision, said courts must determine if race is necessary in achieving the educational benefits of diversity on college and university campuses.

The affirmative action policy at the University of Texas uses race as one of many factors when admitting about a quarter of the university's incoming freshman.