Orin points to a New Republic editorial that credits this quote to Judge Carlos Bea and Ted Olson:
Today, the view lives on in elite organizations like the Federalist Society, with which Roberts has long been affiliated. Indeed, the much-cited coda to Roberts’s opinion — that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race” — is lifted almost verbatim from a 2005 dissent by circuit court judge Carlos Bea, also a Federalist Society booster, which itself recalls a slogan favored a decade ago by former solicitor general Theodore Olson, another Federalista.
Note, though, that Judge Bea actually credited the forbears of his quote, and he didn’t include Ted Olson. Here’s what Judge Bea wrote:
Or, as more recently said by the late Justice Stanley Mosk of the California Supreme Court:
Racism will never disappear by employing devices of classifying people and of thus measuring their rights. Rather, wrote Professor Van Alstyne,