When there’s no need to decide what the Constitution says about a policy, the justices shouldn’t take up the question. And there’s already a statute that settles whether universities should be able to take race into account in admissions: the Civil Rights Act of 1964.
That law holds that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
These words are not tricky to interpret. . . .