Balancing the Scales Between the Evolution of Affirmative Action Policies and the Equal Protection Clause

Authors

• Jesicca Patel

Date

2026

Abstract

This article argues that the Supreme Court’s ruling ending affirmative action was correct. Affirmative action does not solve the underlying issues of racial inequality and systemic oppression. Instead, affirmative action undermines the success of minorities and inflames racial tensions. This article is divided into Five Parts. The first part examines U.S. Supreme Court precedent addressing the Court’s decisions in upholding affirmative action policies in educational settings before Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The second part discusses Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and why the Supreme Court correctly ended affirmative action. The third part discusses executive orders dealing with affirmative action policies issued by United States Presidents. The fourth part examines the practical implications of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Donald Trump’s Executive Order had on (a) education, (b) employment, and (c) federal agencies. The final part discusses ways to achieve diversity goals without implementing affirmative action policies.

Recommended Citation

Patel, Jesicca (2026) "Balancing the Scales Between the Evolution of Affirmative Action Policies and the Equal Protection Clause," Journal of Race, Gender, and Ethnicity: Vol. 14: Iss. 2, Article 7.
Available at: https://digitalcommons.tourolaw.edu/jrge/vol14/iss2/7