Sometimes it is only by taking race and gender into account that schools and employers can admit and hire the best candidates, a new report argues. Stanford University psychologist Greg Walton and study co-author Steven J. Spencer of the University of Waterloo plan to present their findings to the Supreme Court in an amicus brief in Fisher v. University of Texas, a case the justices are scheduled to hear next fall and that many court watchers believe threatens to upend affirmative action. (Supreme Court rules bar report co-author Sam Erman of Harvard University, who was a recent Supreme Court clerk, from participating in the brief.)