Professor Jeffrey Fisher weighs in on how the Supreme Court may rule in the next term on an affirmative action case they plan to take up. 

The Supreme Court is set to take up a major case next term involving affirmative action, and it could conceivably lead to an exceedingly rare phenomenon by Supreme Court standards: A tie.

As she did when the court last heard the challenge, Fisher v. Texas, Justice Elena Kagan will recuse herself from the case. That’s because she worked on the case as the US’ solicitor general from 2009-10.

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“If the Court divides 4-4 the lower court opinion is affirmed without creating any Supreme Court precedent,” said Jeffrey Fisher, a professor of law at Stanford University.