Also, the diverse argument doesn't hold much water to me, because they basically only want a diverse group in terms of race, but not other factors such as income diversity, height diversity, ugliness/beauty diversity, national diversity, parental-scholastic-achievement diversity, athletic diversity, etc.
Imagine if an NBA team said "Sorry, we can't hire you, we have too many black people playing right now"
This whole topics rests on the premise that "positive discrimination" is acceptable or even necessary due to historical injustice.
An analysis that reverts to "racism is always and everywhere bad" will fail to reconcile, even if you believe it.
Not contradicting you, but FWIW there seem to be a half-dozen-each implicit definitions of 'racism' and 'racist' floating around society these days, and each might have widely-varying senses of magnitude or extremity associated with them (from innocuous to extreme). It becomes difficult to parse logic and moral logic around these words, when various interpretations are taken into account.
Also your NBA example doesn't fit because it clearly falls into the category when you need the top X basketball players. I don't think needing the top X students is or should be the goal of college admissions. The goal of a basketball team is to defeat other teams in competition. It is inherently a zero sum game. The goal of a university is to educate the population. It is not a zero sum game and having a diverse student body actually works to support that goal.
The NBA does something similar with positions
If they need a backup center they’ll get a backup center regardless if a better scoring point guard is available
For a software comparison, it is like finding a Data Engineer for a Front End position. Sure if the Data Engineer is super smart, you can have him or her switch roles for a bit; but if the needs are immediate, like they are in the NBA, it is not going to produce the best results.
What if the student body is part customer, part product?
Colleges give out sports scholarships all the time to unqualified student athletes- a trade off from the academic excellence purity test - because it enhances the college’s value.
How can those be OK but diversity scholarships wrong?
There's not great data about college admissions out there that I could find, so I don't know if this is true or not.
Do you think that any Black student who could be successful at Yale and applies to the school will get in? Maybe in super niche graduate programs the school has a problem finding qualified diverse candidates, but at an undergraduate level they turn so many people away that I seriously doubt they have a problem finding good applicants.
Is that the baseline? Top tier schools aren't top tier because they let in anyone who might be successful. Their requirements are such that only top tier candidates make it over the baseline. And, due to various institutional problems, Black students are under represented in that top tier of candidates.
>We estimate that over three quarters of the students who apply for admission to Yale are qualified to do the work here. The great majority of students who are admitted stand out from the rest because a lot of little things, when added up, tip the scale in their favor.
The numbers of people who apply to the school combined with the selectivity of the school all but guarantees that there are top tier candidates of every race who are rejected.
I think it depends on the goal. Is the goal to rank all students and then send the top X number of students acceptance letters? Or is the goal to set a baseline of what it takes to be an successful student at Yale and then select a diverse group of students that all meet that baseline criteria? The former makes it a direct competition between students. You have to choose if applicant A is better than applicant B. The latter instead looks at each applicant individually and whether they would be a successful student. They are now competing against the overall population of applicants instead of any other individual applicants. Considering the number of students who could be successful at a school like Yale is always going to greatly exceed the number of applicants who are admitted, the Asian student who could do the work at Yale but is rejected is not discriminated against just like the Black student who could do the work at Yale but is rejected is not discriminated against.