The Supreme Court debated Wednesday over affirmative action used by the University of Texas, as several conservative justices wondered at what point would the university reach a "critical mass" of minority students and no longer need the practice, USA Today reported.

Justice Anthony Kennedy, the potential swing vote on the court, provided a hint as to where he might side in saying, "I thought the whole point was that sometimes race has to be a tiebreaker."

If Kennedy takes the conservative stance, sweeping changes could come to the legal status of affirmative action. The lower court ruling on the university's admissions policy would stand if the court splits, 4-4. Justice Elena Kagan recused herself after having worked on the case as a solicitor general.

A 22-year-old woman, Abigail Fisher, is suing the university for discrimination, claiming she was denied admission because she was white. The Guardian reported that Fisher's lawyers accused the school of "blatant racial balancing." 

SEE ALSO: Supreme Court Takes Up Affirmative Action Debate

UT says its admissions bracket isn't intended to boost minority enrollment, according to the Wall Street Journal:

Instead, it is designed for middle- or upper-class children of African-American and Hispanic professionals who attend more competitive schools along with white and Asian-American students.

UT contends such students, even if they aren't in the highest echelon of a suburban high school, typically have higher SAT scores than top-10 percent students from more troubled schools. They can help dispel stereotypes of blacks and Hispanics that can be perpetuated by the presence of those admitted through the top-10 percent programs, the university says.

Liberal justices Ruth Bader Ginsburg and Sonia Sotomayor argued that Fisher did not have a case because she would not have gained a spot at the university even if race weren't taken into account. Fisher has since graduated from Louisiana State University.

She uttered just one sentence to the media before turning questions over to lawyer Bert Rein.

"I hope the court realizes that a student's race and ethnicity should not be considered [in admissions]," she said.

Chief Justice John Roberts questioned how racial statistics and preferences work in an era when more Americans are identifying themselves as mixed race, according to Politico.

Justices ruled in the 2003 case of Grutter v. Bollinger that colleges could use race in a "holistic" review of a student's application. A decision on Fisher v. University of Texas is expected in the spring.

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