A federal appeals court ruled on Tuesday the University of Texas can continue to use race as a factor in admissions in spite of a U.S. Supreme Court decision in 2013 ordering greater scrutiny of the university’s affirmative-action program.

In Fisher v. University of Texas, Austin in 2013, the high court said the U.S. Court of Appeals for the Fifth Circuit gave too much deference to the university’s defense of the program, and remanded the case to lower courts for “more exacting scrutiny.”