Will it be easy for universities to evade today’s decision? By John Hinderaker.
Harvard quoted it in its press release:
The Court also ruled that colleges and universities may consider in admissions decisions “an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”
Of course universities will use this dodge, and others, to continue discriminating. Part of their effort will involve minimizing objective data about applicants–SAT scores–so that their decisions are more wholly subjective and thus less vulnerable to legal challenge.
But today’s decision will always pose a threat. As Chief Justice Roberts wrote:
[D]espite the dissent’s assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today. … “What cannot be done directly cannot be done indirectly.” …