“Colleges and universities across the country are scrambling to find legal means of maintaining the levels of diversity they would like to see.” “Though barred from actively using race as a factor, they will still ‘see’ race in signifiers such as name, ZIP code and, perhaps most notable, what students say about themselves in their essays. But this also means that this year’s class of high school seniors — the first to apply under the affirmative-action ban — must read the signals sent by colleges about how to articulate their case for admission correctly and effectively. They are living in a swirl of uncertainty, confusion and misinformation about an admissions process that has suddenly been made more opaque and bewildering. Rather than clarifying the role of race in the application process, the court has instead created a new burden for students: They must now decide whether, and how, to make race a part of their pitch for admission.”
If you don’t make race a part of your pitch for admission, you’ll be discriminated against. Of course, since they can’t legally discriminate on the basis of race, can they complain if you give them the wrong impression? Or even outright lie?