Except that’s what it becomes in practice. As soon as you inject race into these decisions, it becomes de facto racial quotas and preferences: https://nypost.com/2023/06/29/supreme-court-affirmative-acti...

It took like five minutes for Biden to start deploying SBA loans whites weren’t eligible for and for NASDAQ to create diversity quotas for boards. Racial gerrymandering is always the ultimate goal of this stuff.