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I disagree. A decision to admit a person on the basis of race is not a quota. Right or wrong, it a decision. An admissions committee can decide based on race. There is nothing stopping such a committee from deciding at a graduate or undergraduate level.

If race is allowed as a decision factor, then there is no way to decide when to use race and when not to use race that will be free from any claim of illegal quota. Therefore using race as a factor in admissions must rely on a decision as to the desired composition of the student body.

Because of this ambiguity, there will be claims of usage of illegal quotas but courts will uphold the decision process if there is no usage of a point system.

For an admissions officer, why/how would they use race in the decision to accept/reject without resort to a preconceived number that is desired to be admitted? How would such a decision process be codified by an academic senate? The answer will always be in reference to some notion of diversified balance meaning percentages. So long as a point system is not used, affirmative action will be upheld.

Conservatives that are unhappy with this prospect will have to turn their attention to defunding publically funded education institutions and throw their support behind private institutions. A degree achieved by a black person at say the University of Southern California or Stanford will be potentially more valuable than at the University of California Berkeley if race was not used in the admissions process. A UCB degree of a Chico State degree achieved by a black person will always be under suspicion. I cannot fathom how any black person worth their salt could want it any different.