Oral argument in general lets the justices discuss their concerns about the case before them with the lawyers involved. But sometimes the justices take the opportunity to get a message across to their fellow justices. Justice Breyer did just that near the end of oral argument in this case. He strongly reminded his fellow justices that when seven of them (himself included) signed the opinion in Fisher I remanding the case, “We promised . . . that we wouldn’t . . . kill affirmative action through a death by a thousand cuts.” We will know by the end of the term if those seven justices will keep that promise this time around.