In the article in OpinionJournal by Pete DuPont, former presidential candidate and head of the National Center for Policy Analysis, we read this exchange between the lawyer for the law school using diversity standards for admissions and Justice Antonin Scalia.

Maureen Mahoney, arguing the law school's case, said that of the "2,500 students who are rejected each year, probably only 80 of them . . . would have gotten an offer of admission from Michigan under a race-blind system." That, she concluded, "is a very small and diffuse burden" relative to the benefits of the racial preference program.

To which Justice Antonin Scalia replied: "I don't know any other area where we . . . decide the case by saying, well, there are very few people being treated unconstitutionally."

In the undergraduate case -- remember that there are two cases, undergraduate and the law school -- the lawyer for the University of Michigan admitted he or she had no record of a student who had received 20 points (on the 150 scale) for being a member of a protected class that had NOT been admitted. Remarkable.