In signing off the majority opinion in "Grutter v. Bollinger," Justice Sandra Day O'Connor opined, "That 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today" (2003, p. 342). The Supreme Court's acceptance of "Fisher v. University of Texas," however, may signal an end to affirmative action, with or without an ending of need. This learning brief is divided as follows: (1) the Supreme Court and its case selection process, (2) the law related to affirmative action, and (3) the future of race conscious policies in higher education. A list of references and suggested readings is provided. [This document presents a commentary on: "Affirmative Action on the Docket" by Scott Jaschik published in "Inside HigherEd" February 21, 2012. "Affirmative Action on the Docket," its commentary, a list of suggested readings, and discussion questions are included.]