by by forbidden except in the military academies as chief roberts puts in a footnote, but if for example, a student writes about how race shaped their experience in a diversity statement or race application, it is not beyond the ability of the university to consider. so what this is opening door to is a very, very different use of race in college admissions where schools can t say, we are going to have preferences. schools can t say that race is a plus-factor, and schools can t say that racial diversity is one of our goals burk where the applicants can still choose to talk about themselves, and guys, in those contexts where it is permissible. i teach at the university of texas, a public school in a red state where the legislature has actually gone to some lengths to actually restrict the ability of schools to consider these kinds of diversity statements, but in the places where they are
undermine or disadvantage somebody, and looking ate in the lenses of strict scrutiny, this court is saying that you have not justified the use of race by anything very compelling to us. you have not provided day that this is still warranted or necessary. of courses a lot of this in the admissions process is subjective. the criteria of what you think a student should be a part of the community based on something else is based on the factors with the data surrounding test score, and you have a whole host of subjective criteria to wbe used, and this court is saying it can be used, but it is not the criteria. and the application mechanism of it in terms of how a school knows when they are crossing line in considering and listening to a student s discussion of race as part of an identity as opposed to using it as somehow an advantage. what we are seeing here is an evolution. there are no quotas. it cannot be a plus-factor.
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