So I think about this by Bayesian analysis (ok, i didnt really get tot hat before posting. But its how i started):
What would color blind admissions lead to? Evidence suggests lower admissions for minorities (lower % than population). So why?
1.) Minorities are inferior. I reject this explanation.
Admissions aren't based on inferiority or superiority. In color blind admissions, they would be based on some combination of aptitude for school and achievement (which is very different from superiority/inferiority). Obviously there is a pretty significant different across different groups in aptitude as we measure it and achievement. Hard to say how much is due to actual genetic differences versus environment/nurture type causes because to even contemplate that as a legitimate question gets you labeled a racist. So the numbers just sit there with nobody really trying to make any type of good faith objective determination as to what is attributable to what. Of course you don't need to make that determination if you don't want to engage in racial discrimination.
Obviously that's not driving it now. It surely used to. Now I don't think there is any hard core racism like there used to be against black and jewish people in admissions. Even the bias against Asians isn't really I don't think driven by an animosity towards Asians. Schools just think that if they are "too Asian", they will not be attractive to a lot of students. As awful as that is, I do think there is a subtle difference between that and the type of animosity there was towards black and jewish students in the past.
3.) Societal factors. Includes poverty and disparate opportunity (such as crappy inner city schools).
Seems to obviously be a pretty big impact. Not really fixable by colleges, but if you don't believe the mismatch theory, then the Texas type solution is very appealing. Not sure it helps Harvard, Yale, or Princeton b/c they can't even accept the top 1% of each school. But they probably go a long way by saying if you have the top GPA at your school, the top SAT or LSAT, and come from a family with X% of the median income in the area or Y% of the national income (maybe 50% for each? Maybe as high as 75%), then you get big preferences. That would be race neutral and presumably still help a ton of minorities.
4.) Self selection bias. Less qualified applicants. Does not appear to fit any evidence.
I think there is some self selection bias for selective schools. Virtually no white or Asian person is going to apply to a really selective college when there GPA and test scores aren't competitive. Outside of legacies that can buy their way in or athletes or students with some other hook, they know roughly what they need to be competitive. Minorities that want to go to selective schools know that they can have lower test scores, so the average test scores of non-asian minority applicants likely are lower than those of whites and asians.
So, we basically come to bias in admissions and society acts to reduce minority admission. Why would we address this by ignoring it?
Again, coming to bias in admissions is ridiculous. The whole lawsuit exists because of bias in favor of non-asian minorities and against asians and to a lesser extent white people. "Society acts" covers a whole lot of ground, but why would you address it by discriminating against Asians in selective colleges as opposed to actually identifying and addressing the acts in question? Much more efficient to actuall address the unwanted behavior than use it as an excuse to engage in racial discrimination.
Who is being harmed? The white student who "could have" gotten in but didn't? Evidence suggests that spot is actually going to legacy admissions, not racial quotas.
My take: give preference/quotas to those from disadvantaged backgrounds. Use essays, family income etc to establish, as race-neutral as possible. Use procedures and training of staff to minimize admission bias. If you are a minority from a rich family and a great school....you already got your leg up dude.
I suspect very few people would disagree with this from the right. At the very least, I think they'd agree that preferences for students from disadvantaged backgrounds should be legal even if they disagree that they're good policy (I tend to think they should be utilized at most public universities and I'm indifferent on whether they are used at the most elite colleges), but they shouldn't be used for professional schools. If we haven't caught somebody up by the time they are being considered for admission to medical school for example, I don't think that's a good mechanism to address it.