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Rh of the Solicitor General and other amici document the vast gulf between White and Black America. That gulf was brought about by centuries of slavery and then by another century in which, with the approval of this Court, states were permitted to treat Negroes "specially."

This case is here now because of that sordid history. So despite the lousy record, the poorly reasoned lower court opinion, and the absence as parties of those who will be most affected by the decision (the Negro applicants), we are stuck with this case. We are not yet all equals, in large part because of the refusal of the Court to adopt the principle of color-blindness. It would be the cruelest irony for this Court to adopt the dissent in now and hold that the University must use color-blind admissions.

Sincerely, T.M.