 The en banc panel came to the opposite conclusion and upheld the tiebreaker.The majority ruled that the District had a compelling interest in maintaining racial diversity.Applying a test from "Grutter", the Circuit Court also ruled that the tiebreaker plan was narrowly tailored, because 1) the District did not employ quotas, 2) the District had considered race-neutral alternatives, 3) the plan caused no undue harm to races, and 4) the plan had an ending point.