Affirmative Action
The argument made by the Students for Fair Admissions seems misguided.
I don’t see how no one can be harmed regardless of whether affirmative action is enacted; many different students are considered, but there is a limited number of spots; someone is going to get in, and some other number of people will not. While ideally this selection process would be meritocratic, I don’t see any real, honest-to-god meritocracies outside of the gym. And it isn’t even perfect there. The burden of proof is on them to show that the selection process would be meritocratic if Harvard hadn't instituted the Asian cap.
Thus, I think it is stupid to raise an argument about how it is unfair that someone got selected over you; it is unfair for everybody minus the winner unless it considers every single relevant factor, which would be impossible. For example: you might be a math genius with a lack of social skills. You would be at home with the math researchers, but you don’t get a spot because some sly socialite really makes an impression on their interviewer. Or maybe English isn’t your first language. Or maybe you are gay and the interviewer is a bigot. All factors that could lead to an unfair outcome.
Unless schools want to come out with a clear explanation for their selection processes, the best solution seems to me to be focusing on the development of a (more) sophisticated selection process that takes into account myriad factors, including the likelihood of success of the student benefiting from the affirmative action, whether or not they will be able to contribute to research, etc. I don’t know how much resources would need to be dumped into this, but I think it would be worth it.
Of course, if schools came out with information about their selection processes they could be gamed, but overall, I think if they were transparent enough they could achieve the efficacy necessary to solve this issue once and for all. So really transparency is the answer imho.