The Supreme Court has surprised legal experts by declining to strike down the University of Texas' use of race in undergraduate admissions. On Monday, the justices sent the case back to a lower court for a re-hearing, dodging a decision on whether affirmative action policies at public colleges around the country are unconstitutional.
The long and short of the majority argument is that diversity is a compelling reason to be a racist, but a University's say-so is no longer good enough to establish their intent to achieve that end through these policies. Very Machiavellian and very disappointing.