I characterized as “academic” a discussion of whether racial discrimination by universities against blacks and Hispanics should be allowed by the government because 1) allowing it is not a live political debate and 2) very, very few universities would want to exercise that freedom (whereas many of them, and almost all the elite ones, want the freedom to discriminate the other way). Governmental “colorblindness,” meanwhile, would seem to be compatible both with a regime that allows private-sector discrimination and with one that prohibits it regardless of who it benefits.