nonracial

"South Africa's lawyers have done the nonracial, post-apartheid country proud," he added.

Opponents of today’s affirmative action have tried to draw a clean distinction between racial and nonracial considerations, and the opponents are correct that colleges now use race itself as a major factor.

He said the pool episode had not destroyed his faith in South Africa’s nonracial democratic experiment.

Rather, it was a particularly egregious example of an emerging trend: the increasingly indiscriminate deployment of the term “white supremacy” as a criticism of various — often nonracial, even inoffensive — traits and actions.

From a legal perspective, a policy with discriminatory intent is unconstitutional even if it uses nonracial or seemingly race-neutral factors to achieve a racial result: It violates the equal protection clause of the 14th Amendment.