I wanted to pass along a good point that I just got, rather obliquely, from the Washington Post of all places.

The justification Obama gave during the debate last week for affirmative action is what we lawyers call the โ€œsocietal discriminationโ€ rationale (the policy makes up for the bias minorities face) rather than the โ€œdiversityโ€ rationale (the policy makes sure a variety of ethnicities attend each college). The problem with the former is that, as a legal matter, it is a complete nonstarter, since the Supreme Court has long rejected it, and thus no university relies on it. As a Harvard-trained civil-rights/constitutional lawyer, Obama should know this.

Of course, Obama is not alone. Few people really believe the โ€œdiversityโ€ rationale; the โ€œsocietal discriminationโ€ rationale has much more visceral appeal.