In 2003, the Supreme Court ruled in Grutter v. Bollinger that universities may consider race in their admissions processes as part of their efforts to achieve diversity on campus. On Oct. 31, the justices will hear oral arguments in a pair of cases asking them to overturn Grutter and outlaw race-based affirmative action in higher education altogether.
The 14th Amendment does not demand "equal" treatment of individuals. It demands "equal protection of the laws." Furthermore, the 14th Amendment specifically gives Congress the right to enact laws that implement its promises of "equal protection."