http://slate.msn.com/?id=2065878 In 1978 the Supreme Court decided that affirmative action is legal because it promotes “diversity.” This argument (which was advanced just one judge—the one who broke the 4–4 tie) has over the years become more and more difficult to sustain. The problem, writes Dahlia Lithwick, is that the principle fails to elevate racial diversity above other kinds of diversity—the diversity that would come from admitting Alsation goat herders, for example, or Wiccans. 10:56