Replies

It is a key point though if 'diversity' as a goal is viewed as consituionally permissible reason to accout for race.
The reason this is a concern is that we know the colleges would just love to play the race-quota game if they can... so it is not just the ruling, but how secure the USSC locks the door on racial preferences. we've seen before (eg in govt contracting) how one ruling is evaded through subtle means. ... we shall see.

OTOH, judicial restraint demands that the court rule no more widley than they have to. ... you may get 3 to abolish all preferences (Thomas, Scalia, Rehnquist), 4 to vote of UM (souter/ginsberg/breyer/stevens) and 2 in the middle to try to have a narrow ruling. maybe the brief is written for the 2 in the middle.

I am not super concerned since I knew from the outset the Supreme Court Will Decide, not the administration. Even a non-sweeping brief is more courage than no brief at all.