The Supreme Court is declining to make a final ruling on race-based college admissions. In an opinion released today, the justices sent the case back to a lower court for another look, sidestepping the larger constitutional question.

At issue is whether the University of Texas can use race as one of the factors used in the admission process. Abigail Fisher sued the University of Texas at Austin in 2008. She claimed she was passed over in favor of less qualified students because she is white.

The 7-1 decision overturns a previous ruling by the 5th Circuit Court of Appeals, which upheld Fisher’s case. Justice Anthony Kennedy said Monday that a federal appeals court needs to further review the case.