Institutions are not required to implement race-neutral approaches if, in their judgment, the approaches would be unworkable. In some cases, race-neutral approaches will be unworkable because they will be ineffective to achieve the diversity the institution seeks.
So you can call a non-racist approach unworkable if it doesn't bring you enough students of certain favored races? Talk about a slippery slope. Whatever happened to equal protection under the laws? I guess the original ideas of the Founding Fathers, Abraham Lincoln and Martin Luther King have now been subjugated by this administration so that all men are created equal but clearly some are more equal than others.