Terry’s account of the recent decision is the most astute. Despite all the BROWN talk in the various opinions, the bottom line is that Roberts explains clearly that what Seattle and Louisville are doing simply has no justification in the reigning prcedents, in the compelling state interests of addressing intentional discrimination or the educational benefits of diversity. The effect of the decision will be fairly activist, but the argument is a model of restraint. Here the dissenters are the innovators. On the table, of course, is the need to question diversity as a compelling state interest, but there was no need or even no warrant to do so in this case. Eastland also shows how implausible and inconsequential Kennedy’s lonely waffling is. The question for discussion: Should the Republicans go further than the Court and campaign on "the colorblind Constitution," as Terry suggests? One reason they should: It would be better if the complete uprooting of race from the law would have as much support as possible from legislative initiatives and not appear to be an activist judiciary overruling the will of the people. The abortion mess is pretty much a judicial creation, but the Court didn’t invent but has only upheld some (usually basically legislative) affirmative action. Arguably a decision based on the proposition that all well-intentioned, race-based remedies are unconstitutional would be inconsistent with the general principle of judicial restraint.