While the Grutter and Fisher decisions appear to signify victories for supporters of affirmative action, the future looks grim, with some scholars arguing that affirmative action as an ameliorative policy is already dead (Moore, 2018). Wendy Moore (2018) argues that years of political and legal attacks, particularly by elite conservative whites and related advocacy groups, have relegated affirmative action to a call to arms among conservatives rather than it being a significant ameliorative policy that could improve the lived experiences of disadvantaged groups and reduce inequality. In other words, affirmative action no longer serves as an effective tool to increase racial equality. This conclusion is not surprising given that even the most minimal use of race as one factor (not the factor) in the higher education admissions process is demonized by conservatives who will not stop until any “preferential treatment” associated with race is ended. This raises eyebrows considering the historical benefits afforded to whites by excluding non-whites for hundreds of years from higher education, and because there are still ways in which white applicants receive preferential treatment outside of their racial classification (eg, via legacy admissions). Furthermore, this move is also disconcerting, given the persistent state of racial inequality in the US today that continues to hold back millions of non-white Americans. While in past cases the Supreme Court has upheld the use of race as one factor but not the factor in higher education admissions, this will probably not happen in future cases.

As described in detail in this book, the fight for and against affirmative action in higher education revolves around the notion of diversity and what it means to both white and non-white students. Does diversity in general and racial diversity in particular serve a compelling interest to colleges and universities as well as the state? The answer to this question in the Supreme Court has been “yes” up to this point, but this is not a resounding “yes” due to several split decisions. How an affirmative action policy must be implemented today requires it being narrowly tailored to address a clear need or goal of the institution. However, despite having to pass strict scrutiny and despite its minimal impact, conservative politicians along with many citizens continue to push forward with an anti-affirmative action agenda.