Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/74

26 Enterprises as Amici Curiae 7–9; Brief for Massachusetts Institute of Technology et al. as Amici Curiae 16–17 (describing experience at IBM). Yet, none of those assertions deals exclusively with racial diversity—as opposed to cultural or ideological diversity. And, none of those amici demonstrate measurable or concrete benefits that have resulted from universities’ race-conscious admissions programs.

Of course, even if these universities had shown that racial diversity yielded any concrete or measurable benefits, they would still face a very high bar to show that their interest is compelling. To survive strict scrutiny, any such benefits would have to outweigh the tremendous harm inflicted by sorting individuals on the basis of race. See Cooper v. Aaron, 358 U. S. 1, 16 (1958) (following Brown, “law and order are not here to be preserved by depriving the Negro children of their constitutional rights”). As the Court’s opinions in these cases make clear, all racial stereotypes harm and demean individuals. That is why “only those measures the State must take to provide a bulwark against anarchy, or to prevent violence, will constitute a pressing public necessity” sufficient to satisfy strict scrutiny today. Grutter, 539 U. S., at 353 (opinion of ) (internal quotations marks omitted). Cf. Lee v. Washington, 390 U. S. 333, 334 (1968) (Black, J., concurring) (protecting prisoners from violence might justify narrowly tailored discrimination); Croson, 488 U. S., at 521 (opinion of Scalia, J.) (“At least where state or local action is at issue, only a social emergency rising to the level of imminent danger to life and limb … can justify [racial discrimination]”). For this reason, “just as the alleged educational benefits of segregation were insufficient to justify racial discrimination [in the 1950s], see Brown v. Board of Education, the alleged educational benefits of diversity cannot justify racial discrimination today.” Fisher I, 570 U. S., at 320 (, concurring) (citation omitted).