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Instead, the Court should make very clear that a diversity goal is simply government sanctioned discrimination, and thus is runs afoul of the Constitution.
Moreover the Court should do so in clear, precise language. No multi-stage "test" of the kind the Court loves to fabricate. This is not a decision that will serve as a template for sharp congressional staffers to use to draw up some conforming legislation. Rather thousands of confused, imperfect, and – frankly – loony local school boards will have to understand that calling racially weighted policies "diversity" is no safe harbor.
Do that and America can turn to face head-on and without diversion, the tremendous challenge of educating every citizen of the Republic.
Jeff Taylor is editor of Reason Express.