Jul 16, 2014 11:06 AM EDT By Russell Westerholm, UniversityHerald Reporter

A federal appeals court has sided with the University of Texas (UT) to allow the school to consider race in undergraduate applications in order to promote diversity on campus.

According to the Associated Press, the six-year-old case had found itself in the U.S. Supreme Court last year, but was eventually returned to the lower levels. UT turned down Abigail Fisher, who is white, in 2008 because she was not among the top 10 percent of her high school class.

75 percent of UT's flagship school in Austin student body is reserved for students with such an academic standing and the last quarter is reserved for particular scholarships and other applicants who meet certain criteria in which race is a factor. Fisher was passed over when being considered within that 25 percent.

"We are persuaded that to deny UT Austin its limited use of race in its search for holistic diversity would hobble the richness of the educational experience," read the opinion accompanying the 2-1 decision.

In June 2013, the U.S. Supreme Court declined to issue a landmark decision on affirmative action in higher education. Rather, they voted 7-1 to send the case back to a lower appeals court. The Fifth U.S. Circuit Court of Appeals determined UT would not have a racially diverse campus if forced to be colorblind in accepting applications. The court said it had to consider a previous legal decision that established the importance of diversity in higher education.

"I think we need a little more time to more carefully study the opinion and weight the pluses and minuses of both avenues," Edward Blum, an attorney in Fisher's legal team, told the AP.

He said Fisher's camp saw the decision coming yet was still "disappointed." Blum said they may next appeal with the court that brought the decision or try to force the U.S. Supreme Court to make a ruling.

"We are very pleased with the Court's ruling recognizing the constitutionality of the University's admissions policy under the Supreme Court's recent guidance," UT - Austin President Bill Powers said in a statement. "We remain committed to assembling a student body at The University of Texas at Austin that brings with it the educational benefits of diversity while respecting the rights of all students.

"This ruling ensures that our campus, our state and the entire nation will benefit from the exchange of ideas and thoughts that happens when students who are diverse in all regards come together in the classroom, at campus events and in all aspects of campus life."

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