The University of Texas’ affirmative action admissions policy, and perhaps even a 2003 landmark ruling on race, appeared in serious trouble on Oct. 10 during arguments at the U.S. Supreme Court.

Eight justices heard from lawyers for the university, a white woman denied admission in 2008, and the United States in Fisher v. University of Texas at Austin. Justice Elena Kagan did not participate, apparently because of experience with the litigation in her prior role as solicitor general of the United States.