The Court has acknowledged that remedying the present effects of identified past discrimination qualifies as a "compelling interest". -- See Croson Case. 也就是说,这已成为盖棺定论、勿庸置疑的事实了(当然合宪与否还要看是否能pass the strict scrutiny).
现在的问题就是存在争议—— Is such interest mentioned above the only governmental interest that a majority of the Court will find adequate to uphold a race-based classification? -- 眼下的热点就是:学术context 之下的Achieving a diverse student body 能否被视为a "compelling interest" which is one of the two element under the two-prong test of Strict Scrutiny.