Exactly. Moreover, where in the Constitution does it say that government has a "compelling interest" in promoting "diversity" through any form of racial preferences? The Constitution I know has no such provision. In fact, it has an express prohibition against inequality under the law on the ground of a person's race, i.e. it expressly prohibits government-instituted racism in any form regardless of the reason.
It doesn't. They made it up out of whole cloth. It's another example of judges deciding that they have the right to create laws, because after all, they went to law school, right? And that puts them above the rest of us. < /sarcasm >...