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Months before the decision, my friend and I determined that affirmative action was dead and implored readers to begin thinking about how they might respond (Tichavakunda & Kolluri, 2022). This was neither prophecy nor the result of some statistical formula. This resulted from awareness of the United States’ history with explicitly racial remedies and studying the work of the foundational Critical Race Theorist Derrick Bell. Derrick Bell (2003), over two decades ago, called the concept of diversity “a serious distraction in the ongoing efforts to achieve racial justice” (p. 1622). Why did he say this, and what might we learn from his thinking in today’s climate where uttering the phrase “diversity, equity, and inclusion” can provoke the ire of politicians and institutional leaders? Derrick Bell’s theory of racism is perhaps all the more important for higher education today. In this conceptual paper, I take Derrick Bell’s thinking concerning racial remedies in policy seriously and relate that to theories of change in higher education. Specifically, in this work, I will explore how Bell’s thought, especially his fictive “Final Civil Rights Act” and his theory of racial realism, might be useful in today’s climate (Bell, 1991). Echoing Bell, I suggest that universities and racial justice advocates need to “get real” about the permanence of racism. Bell (1991), over thirty years ago, suggested that, for those who are invested in racial justice, “Your challenge is to determine whether in this, as in any seemingly hostile, racial policymaking, there is unintended potential that African Americans can exploit” (p. 605). I will discuss the potential and limitations of this line of thinking for racial justice more broadly in higher education.