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The Global Insight

What has the Supreme Court said about affirmative action?

Author

James Olson

Updated on February 08, 2026

Affirmative action as a practice was partially upheld by the Supreme Court in Grutter v. Bollinger (2003), while the use of racial quotas for college admissions was concurrently ruled unconstitutional by the Court in Gratz v. Bollinger (2003). Affirmative action often gives rise to controversy in American politics.

What does the Constitution say about affirmative action?

A sharply divided U.S. Supreme Court upheld the constitutionality of affirmative action at the University of Texas in a decision where Justice Anthony Kennedy joined the court’s more liberal justices to approve the concept of racial and ethnic preferences, but only subject to strict judicial scrutiny.

How do you explain affirmative action?

Affirmative action is a policy that aims to increase opportunities in the workplace or education to underrepresented parts of society by taking into account an individual’s color, race, sex, religion, or national origin.

What was the goal of affirmative action?

The purpose of affirmative action is to establish fair access to employment opportunities to create a workforce that is an accurate reflection of the demographics of the qualified available workforce in the relevant job market.

Which Supreme Court case is most closely related to affirmative action?

In the most important affirmative action decision since the 1978 Bakke case, the Supreme Court (5–4) upholds the University of Michigan Law School’s policy, ruling that race can be one of many factors considered by colleges when selecting their students because it furthers “a compelling interest in obtaining the …

What was the aim of affirmative action?

Does affirmative action violate the 1964 Civil Rights Act?

The 1964 Civil Rights Act outlawed most forms of discrimination. Affirmative action subjects applicants to different standards based on their race or gender, which makes it unconstitutional.

Which amendment is affirmative action?

The First Amendment Encyclopedia
Affirmative Action | The First Amendment Encyclopedia.