In its decision Monday on affirmative action, the Supreme Court punted. It reviewed the University of Texas affirmative action program — in which race is admittedly “a factor of a factor of a factor” in admission, one of many factors used with a university committed to the educational benefits of a diverse student body — and said the lower court had to give it even stricter scrutiny. Or in essence, take another, harsher look and come back next year. In making the decision, the court once more revealed how out of touch it is with reality. The 14th Amendment to …
