

The Supreme Court will soon issue its decisions in cases challenging the legality of racial preferences in admission at Harvard and the University of North Carolina. Most likely the justices will rule that such policies are either categorically illegal or at least subject to much tighter judicial scrutiny than imposed by previous precedents. But, even aside from legal considerations, there is a different factor that has weakened the case for affirmative action preferences over the last several decades. Ironically, that factor is America's growing racial and ethnic diversity.