In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools' interest in diversity.
Some of this discussion, especially in Gorsuch's opinion, came directly from the amicus brief filed on my behalf by Cory Liu. Undoubtedly, I'll have more to say about this in the future.
For now, though, I wanted to note Roberts' language. He wrote:
