Chief Justice John Roberts’ opinion for the court carves two loopholes—the strength of which are to be determined—into its otherwise emphatic holding.
is the opinion that Roberts has always wanted to write. The chief justice believes in a “colorblind” 14to help Black Americans achieve equal citizenship—through race-conscious measures when necessary—but to abolish the government’s ability to classify citizens on the basis of race. And so, in his opinion, he traced the familiar history ofBrown
’s promise. Affirmative action, he wrote, was always an aberration. The Supreme Court decisions allowing this practice have always subjected it to strict scrutiny, demanding proof that any race-conscious program is narrowly tailored to achieve a compelling interest.For nearly half a century, the court has held that diversity in the classroom provides “education benefits,” which satisfies the compelling interest requirement. Much of Roberts’ opinion is devoted to shooting down that principle.
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