To persuade the Supreme Court not to decide the Fisher case, that is. Here’s my posted response:
“It makes perfect sense for the Court to review this issue [of racial admissions preferences] again. For one thing, universities have shown that they cannot be trusted to weigh race only lightly; numerous studies have shown that, despite judicial warning, race continues to be given overwhelming weight. For another thing, the demographics of the country are changing so that, more and more, it is Asian students who are being discriminated against and Latino students who are being given preferential treatment. And there is more and more empirical data to suggest that the purported benefits of using racial preferences have been overstated, and that the costs are much higher (for example, “mismatching” students and schools has been shown to hurt the supposed beneficiaries of preferential treatment). And the issue of the case’s justiciability was exhaustively briefed at the cert stage in the case, with petitioner trouncing the University’s arguments.”