Again: they definitely aren’t being excluded based on their race anymore. The supreme court banned this practice completely. So I don’t know what there is to argue about.
I think it’s a distraction, though, because the underlying issue is that these institutions are a corrupt parasitic power retention project. They offer a very small number of people access to networks to ensure they can dole out favors in a carefully controlled manner, and then we argue about whether the people they’re choosing to let into this artificially limited power sharing network are unfairly discriminated against by race, as though what they’re doing would be okay if it had no racial bias.
I’m not here to argue that their use of racial discrimination was a good thing, but I think it’s a distraction from the fact that even now that they’ve ended the racial element of the program, they’re STILL a corrupt parasitic antidemocratic cabal. They’re still excluding people unnecessarily, it’s just the criteria they use has been changed to ensure that those people are unable to organize themselves into any kind of class action lawsuit.