https://www.gatestoneinstitute.org/19759/colorblind-society
Although this decision was split along current conservative-liberal lines, with the court’s three liberals dissenting, it actually reflects traditional liberalism. Justice William Douglas, perhaps the most liberal justice in Supreme Court history, advocated precisely this race neutral approach when affirmative action was first introduced. He was right then, and his liberal, colorblind approach, has now been vindicated.
A simple example demonstrates why employing race as a criteria is both unconstitutional and immoral. As the Supreme Court correctly pointed out, admission to elite universities is a zero-sum game: for every student or group that is given preference, another is disadvantaged. So consider this zero-sum choice:….
After decades of vacillation, the Supreme Court of the United States has finally and firmly declared that the Constitution does not permit publicly funded universities to consider race, as such, in its admission processes. This is a decision that many, including this author, have been advocating since the 1970s, when my first law review article appeared, calling for affirmative action to be based on non-racial criteria and individual accomplishments.
The Supreme Court has been moving in this direction for some time now, but it has until now allowed loopholes the size of university football stadiums. These loopholes were exploited by universities to enforce quota systems whereby approximately the same percentage of minority applicants would be admitted every year. The results of these quotas impacted most heavily on one of the most discriminated against groups in American history – Asian Americans. The plaintiffs in the Harvard case were such Americans. It will be interesting to see how their numbers are affected by the decision.