TL;DR
The Supreme Court’s 2023 decision declared racial preferences in college admissions unlawful. Yet, many Democrats persist in supporting race-based policies, complicating their political prospects amid shifting public opinion.
Despite the Supreme Court’s 2023 ruling that declared racial preferences in college admissions unconstitutional, many Democratic policymakers continue to support race-based affirmative action policies, risking political backlash in key states.
The Supreme Court’s decision in Students for Fair Admissions v. Harvard effectively outlawed race-conscious admissions policies nationwide. However, Democratic officials in states like California and New York are pursuing measures to reintroduce or expand racial preferences, including efforts to amend state constitutions or implement new policies. For example, the California State Assembly recently passed a measure to potentially restore racial preferences in education, though it has yet to clear the state Senate. In New York City, Mayor Zohran Mamdani released a comprehensive Racial Equity Plan emphasizing support for minority-owned businesses and policies rooted in racial history. Meanwhile, legislative efforts in Maryland to study reparations for descendants of enslaved people were also advanced despite the federal ruling. These actions highlight a persistent Democratic commitment to race-based policies, even as public support shifts and the Supreme Court’s ruling sets legal limits.
Why It Matters
This ongoing support for racial preferences by Democrats could weaken the party’s appeal in predominantly Republican or swing states, where opposition to affirmative action remains strong. Polls indicate that a majority of Americans now favor policies that consider economic disadvantage over race, and the continued push for race-based affirmative action may alienate moderate voters. Moreover, the political strategy of emphasizing racial preferences may backfire, especially given the Supreme Court’s clear stance and changing public sentiment, potentially impacting Democratic chances in upcoming elections.
affirmative action legal guidebook
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Background
Historically, Democrats have supported affirmative action as part of a broader racial justice agenda. However, the 2023 Supreme Court ruling, which declared race-based admissions unconstitutional, marked a significant legal shift. Past Democratic presidents like Bill Clinton and Barack Obama publicly questioned racial preferences, advocating for economic or class-based criteria instead. Despite this, many Democratic officials have continued to endorse race-conscious policies at state and local levels. Recent legislative actions in California, New York, and Maryland reflect this ongoing tension between legal constraints, public opinion, and party politics.
“Moving to the center on racial preferences in college admissions is among the most electorally beneficial shifts Democrats can make.”
— Political scientist David Broockman
“California voters supported Joe Biden by 29 points but rejected racial preferences by 14 points.”
— California voter data, 2020
Race, Class, and Affirmative Action: College Admissions in a New Era
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What Remains Unclear
It remains unclear how widespread or effective efforts to shift from racial to economic affirmative action will be across different states, and how legal challenges or public opinion shifts might influence future policies.
Argentina – Passion
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What’s Next
Legal and legislative battles over affirmative action are expected to continue, with some states pursuing constitutional amendments or new policies. Universities may accelerate their transition to class-based criteria, and political campaigns will likely emphasize opposition to race-based preferences to appeal to broader voter bases.
Entry Planning for Equity-Focused Leaders: Empowering Schools and Communities
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Key Questions
Why do Democrats continue to support racial preferences despite the Supreme Court ruling?
Many Democrats see racial preferences as vital for addressing historical inequalities and promoting diversity. Some also believe that state-level policies can circumvent federal restrictions, though this remains legally complex.
How does public opinion influence Democratic support for affirmative action?
Polls show growing opposition among the general public, especially among younger and minority voters, to race-based preferences, favoring economic or class-based considerations instead.
What legal challenges could affect future policies on affirmative action?
Legal challenges are likely to continue, especially as states attempt to implement or restore race-based policies despite the Supreme Court’s ruling, potentially leading to new court cases or constitutional amendments.
Will universities shift to economic-based affirmative action?
Many institutions are already beginning this transition, emphasizing socioeconomic status over race, but the pace and scope of this shift remain uncertain.
