"The Supreme Court has set a very high standard for all race-based programs in the Adarand case," said one official, who spoke only if promised anonymity.
He is an ardent opponent of affirmative action and other race-based social programs.
Indeed, his experience may make him the most informed member of the court on the flaws of race-based programs.
To agree with the four dissenters is to condemn virtually all race-based programs.
But this time the talk is how the 30-year edifice of race-based programs is crumbling - and some say, along with it, the 30-year commitment to achieving racial equality.
Looking Ahead And Gazing Back But even as they look ahead, supporters and opponents of race-based programs have their gazes fixed on different points in the past.
There are so many side effects with race-based programs.
An audit of government programmes was put in place to determine whether there were race-based programmes where need-based programmes would suffice.
A look at the long-term statistics shows that neither welfare reform nor race-based programs seems to have had much to do with changes in poverty concentration.
Conservatives look at the same numbers, and the growth of multiracial categories, and say race has become too fluid a concept to maintain race-based programs like affirmative action.