CCC comments on The noncentral fallacy - the worst argument in the world? - Less Wrong
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That is a potential failure mode, yes. People are aware of it. But one does not refuse to manufacture a car on the basis that it might, one day, hit a pedestrian.
It is not evil yet.
The current affirmative action policies are supposed to be temporary. If they are not, there is an additional line of defense against that failure mode; the policies state that the judicial services (for example) should 'broadly reflect the demographics of the country'. That means that any group that gets unfairly discriminated against has a claim.