The lawsuit against Harvard Admissions and the "failure" of affirmative action begs the question: is there a correct way to create a diverse student body, equally? Yet, there are many flaws in this question that come to beg even more questions.
To start, who gets to define what is 'correct'?
Who gets to define what is 'diverse'? Should the class be diverse in racial background, in sexual orientation, in gender, among many other identities. Inherent in progressiveness is the creation of more ways to be diverse.
And finally, who defines what 'equally' means? As a private institution, could Harvard be the prestigious school it is without its donors? However, does that make it fair to accept a child just because his or her parent has donated money to the school? But what if that money goes towards another student's scholarship?
In suing Harvard, the Asian-American population asks to be represented proportionally to the prospective student pool. But the black population would also like greater representation. Maybe first-generation college students want greater representation. It makes me wonder how Harvard would "successfully" change their application process if the plaintiff wins.