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Last month the Supreme Court sharply curtailed the use of race-based affirmative action in higher education. That’s a big deal, but it’s by no means the end of the campaign to eliminate race-conscious policies in education and elsewhere. Is it ever permissible for policymakers to pursue goals like racial diversity, even when they use laws and policies that don’t treat individuals differently based on race? They concern the admissions policies of highly selective public high schools that sought greater racial diversity through race-neutral means, like showing a preference for poor applicants. The implication of these cases for the future of higher education has already begun to attract some public attention — and for good reason.
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