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With a new Supreme Court term beginning this week, it is now perhaps time to reconsider one of the court’s most impactful rulings of the past few years: Students for Fair Admissions v. Harvard .

When the Supreme Court struck down race-conscious admissions in 2023, the headlines all read the same: Affirmative action is over. Chief Justice John Roberts’ majority opinion made the conclusion sound final, even inevitable. And Justice Clarence Thomas’ concurrence drove the nail in the coffin, insisting that the Constitution is and always has been colorblind, tolerating no racial distinctions even if they are designed to remediate decades of racial subordination. But

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