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CA banned race base admission in the '90s in favor of a system that guaranteed admissions to top percentile students.

Post Students for Fair Admissions, schools can’t use race alone as a plus or minus nation wide. Like California has been doing it for the past 3 decades.

Universities’ recent experiences confirm the efficacy of a colorblind rule. To start, universities prohibited from engaging in racial discrimination by state law continue to enroll racially diverse classes by race-neutral means. For example, the University of California purportedly recently admitted its “most diverse undergraduate class ever,” despite California’s ban on racial preferences.

(THOMAS, J., concurring) (arguing universities can consider “[r]ace-neutral policies” similar to those adopted in States such as California and Michigan, and that universities can consider “status as a first-generation college applicant,” “financial means,” and “generational inheritance or otherwise”)

Thomas goes on and calls out the issue legacy admissions in his lengthy concurrence.

Worse, the classifications that JUSTICE JACKSON draws are themselves race-based stereotypes. She focuses on two hypothetical applicants, John and James, competing for admission to UNC. John is a white, seventh-generation legacy at the school, while James is black and would be the first in his family to attend UNC. Post, at 3. JUSTICE JACKSON argues that race-conscious admission programs are necessary to adequately compare the two applicants. As an initial matter, it is not clear why James’s race is the only factor that could encourage UNC to admit him; his status as a first-generation college applicant seems to contextualize his application. But, setting that aside, why is it that John should be judged based on the actions of his great-great-great-grandparents?