The Supreme Court and the Trump administration are challenging racial preferences in areas ranging from college admissions to corporate hiring. These moves align with public opinion, principles of meritocracy, and antidiscrimination laws, but their supporters must consider how to maintain these reforms amid potential political shifts. A report by the Manhattan Institute explores how we arrived at this point and proposes a durable civil rights compromise that addresses racial bias while promoting fair, transparent processes.
The core antidiscrimination statutes passed in the 1960s prohibited racial discrimination in employment, housing, and federally funded programs. However, the interpretation and enforcement of these laws have evolved through executive actions and court decisions rather than direct legislative mandate. For instance, the Supreme Court’s decisions in United Steelworkers v. Weber and Johnson v. Transportation Agency, along with the Equal Employment Opportunity Commission’s guidance, shaped affirmative-action policies. Similarly, the 2023 Supreme Court ruling on college admissions began a shift in higher education policies.
The doctrine of ‘disparate impact’ allows for legal challenges based on differential outcomes across demographic groups. While this doctrine is part of American employment law, it creates a burden on employers to justify their practices amid potential discrimination lawsuits. The Trump administration has indicated a willingness to deprioritize such cases, signaling a potential shift in enforcement priorities.
Despite these developments, the political landscape is likely to change again. Executive-led reforms in the Trump administration are fragile and prone to reversal by future administrations. Additionally, there is a risk that the Supreme Court’s composition could shift, impacting the legal landscape. Therefore, the article urges a broader colorblindness agenda to ensure that the fight against racial bias is sustained without perpetuating systemic inequalities.
In the short term, the Trump administration should focus on enforcing civil-rights cases to reinforce the message of fair, evenhanded enforcement. In the long term, legislative action is recommended to clearly ban affirmative action, minimize disparate-impact liability, and fund audits to address unequal treatment by race. Such reforms would require opponents to justify their opposition to colorblind policies supported by rigorous enforcement.