Instead of litigating affirmative action, simply hold a lottery for all qualified applicants.

In its simplest version, the process would work like this. The application would involve a checklist of more or less objective, externally verifiable criteria. These might include GPA above a certain cutoff, scores of 4 of 5 on a given number of AP tests, and so on. Extracurricular achievements could be considered. For example, there might be a box to be checked by applicants who played a varsity sport.  The application could even ask about socio-economic status, allowing applicants to indicate that their parents had not attended college or that they grew up in a high-poverty census tract.

.. What about diversity? In the long run, the lottery would produce a student body proportional to the demographics of the applicant pool (which would not necessarily be the same as the general population). If universities aimed to enroll classes that more closely reflected the country as whole, they could encourage applications from underrepresented groups or regions and work with K-12 schools to increase the number of applicants who met the benchmarks. Such efforts would correspond to the original meaning of affirmative action and would not require invidious racial distinctions.

.. The lottery plan isn’t perfect. One concern is that alumni would hate it, since it would make snobbery about where they went to college harder to justify. This could reduce donations, forcing universities to make more prudent use of their existing resources.

More broadly, elite university universities might lose a bit of their cachet. They would still attract some of the world’s most brilliant students. But they could no longer claim that their careful selection of an exquisitely curated class gives them special moral authority.