Affirmative action in American college admissions may be about to end. On October 31st the Supreme Court heard two cases in which lawyers argued that the current practice—which allows universities to favour applicants of some races over others—violates civil-rights laws and the constitution. Judging by the sceptical questioning of the conservative justices, who thanks to Donald Trump now command a majority, the question is not whether such preferences will be restricted, but whether they will survive at all.

For more than 40 years the court had allowed some positive discrimination. But it did so with discomfort. Too-obvious tactics like racial quotas, or awarding points for skin colour, were ruled excessive. The compromise was to consider race as one part of “holistic admissions” in a way that made its weight hard to discern. In 2003 Justice Sandra Day O’Connor declared the practice ought to be time-limited, expecting it to be unnecessary 25 years from then. If the court rules as expected in June 2023, five years ahead of Ms O’Connor’s schedule, there will be some sorrow, but hardly the same backlash as met the overturning of the right to abortion in Roe v Wade. Surveys show that majorities of African-Americans, Californians, Democrats and Hispanics all oppose the use of race in college admissions (and in other areas). The demise of this unpopular scheme offers a chance to build something better.