“This ruling represents a drastic retreat in the social position of higher education”

against Harvard and UNC, and in the process fatally wounded the “diversity” and “affirmative action” practices of most every higher education institution in America.

There’s a lot to say about that, but I want to mark one important point: This ruling represents a drastic retreat in the social position of higher education. Though the ruling itself is not so much the cause as a symptom. Media accounts I’ve seen have tended to suggest that the Supreme Court had found that “diversity” is a compelling interest, sufficient to justify overriding the Constitution’s ban on racial discrimination. For example, thestated: “For 45 years, the Supreme Court has recognized a limited exception to that rule for university admissions, one based on the schools’ academic freedom to assemble classes that support their educational mission. Diversity was a compelling interest, the court had found.

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