But even if the diversity rationale falls out of favor with the U.S. Supreme Court, New York City’s revamped Discovery program should not. The law that created the program and the manner in which it is applied are class-conscious, not race-conscious. And if the conservative members of the Court ultimately do rule against the City in McAuliffe, they will have demonstrated in plain sight that their support for class-based affirmative action was a rhetorical smokescreen, after all.