Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/90

42 Yet, in the face of those problems, it seems increasingly clear that universities are focused on “aesthetic” solutions unlikely to help deserving members of minority groups. In fact, universities’ affirmative action programs are a particularly poor use of such resources. To start, these programs are overinclusive, providing the same admissions bump to a wealthy black applicant given every advantage in life as to a black applicant from a poor family with seemingly insurmountable barriers to overcome. In doing so, the programs may wind up helping the most well-off members of minority races without meaningfully assisting those who struggle with real hardship. Simultaneously, the programs risk continuing to ignore the academic underperformance of “the purported ‘beneficiaries’ ” of racial preferences and the racial stigma that those preferences generate. Grutter, 539 U. S., at 371 (opinion of ). Rather than performing their academic mission, universities thus may “see[k] only a facade—it is sufficient that the class looks right, even if it does not perform right.” Id., at 372.

Finally, it is not even theoretically possible to “help” a certain racial group without causing harm to members of other racial groups. “It should be obvious that every racial classification helps, in a narrow sense, some races and hurts others.” Adarand, 515 U. S., at 241, n. * (opinion of ). And, even purportedly benign race-based discrimination has secondary effects on members of other races. The antisubordination view thus has never guided the Court’s analysis because “whether a law relying upon racial taxonomy is ‘benign’ or ‘malign’ either turns on ‘whose ox is gored’ or on distinctions found only in the eye of the beholder.” Ibid. (citations and some internal quotation marks omitted). Courts are not suited to the impossible task of determining which racially discriminatory programs are helping which members of which races—and