Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/79

Rh of past governmental discrimination from so-called benign race-conscious measures, such as affirmative action. Croson, 488 U. S., at 504–505; Adarand Constructors, Inc. v. Peña, 515 U. S. 200, 226–227 (1995). To enforce that distinction, our precedents explicitly require that any attempt to compensate victims of past governmental discrimination must be concrete and traceable to the de jure segregated system, which must have some discrete and continuing discriminatory effect that warrants a present remedy. See United States v. Fordice, 505 U. S. 717, 731 (1992). Today’s opinion for the Court reaffirms the need for such a close remedial fit, hewing to the same line we have consistently drawn.

Without such guardrails, the Fourteenth Amendment would become self-defeating, promising a Nation based on the equality ideal but yielding a quota- and caste-ridden society steeped in race-based discrimination. Even Grutter itself could not tolerate this outcome. It accordingly imposed a time limit for its race-based regime, observing that “ ‘a core purpose of the Fourteenth Amendment was to do away with all governmentally imposed discrimination based on race.’ ” 539 U. S., at 341–342 quoting Palmore v. Sidoti, 466 U. S. 429, 432 (1984); alterations omitted).

The Court today enforces those limits. And rightly so. As noted above, both Harvard and UNC have a history of racial discrimination. But, neither have even attempted to explain how their current racially discriminatory programs are even remotely traceable to their past discriminatory conduct. Nor could they; the current race-conscious admissions programs take no account of ancestry and, at least for Harvard, likely have the effect of discriminating against some of the very same ethnic groups against which Harvard previously discriminated (i.e., Jews and those who are not part of the white elite). All the while, Harvard and UNC ask us to blind ourselves to the burdens imposed on the millions of innocent applicants denied admission because of