I was following the Texas university case mentioned in that article. Abigail Fisher couldn’t prove that she would have gotten in in the absence of the new program. So her lwayers argued that simply having to be judged by race, which was one factor among many, violated equal protection. This actually sounded a bit like the overly sensitive liberal arguments. The university offered provisional admission to some students with lower test scores and grades than Fisher. Five of those students were black or Latino but Forty-two were white. Scalia, Alito also questioned the effectiveness of the measures and importance of diversity, and some of their questioning seemed based on pre-conceptions and ideology. Right now, it is tied up in all sorts of legalistic mumbo jumbo, if you look at the court proceedings.