So far nine states in the US have banned affirmative action: California (1996), Texas (1996), Washington (1998), Florida (1999), Michigan (2006), Nebraska (2008), Arizona (2010), New Hampshire (2012), Oklahoma (2012), and Idaho (2020).

Still it is legal in all the other states.

The legal basis –  it first appeared in its current form in President Kennedy’s Executive Order 10925 (1961): “The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.”

Since 1965, government contractors have been required to document their affirmative action programs through compliance reports, to contain “such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor . . . ” (Executive Order 11246). Enforcement is conducted by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

In Richmond v. Croson, 488 U.S. 469 (1989), the Supreme Court held that strict scrutiny applies to state statutes which set standards for affirmative action.

Employers who contract with the government or who otherwise receive federal funds are required to document their affirmative action practices and metrics. Affirmative action is also a remedy, under the Civil Rights Act of 1964, where a court finds that an employer has intentionally engaged in discriminatory practices.

The Equal Employment Opportunity commission, created by Title VII of the Civil Rights Act of 1964, enforces the following employment anti-discrimination laws: (source: EEOC).

Oddly enough, Formally announcing that he will adhere to Martin Luther King’s vision of a race blind society Trump can win with aboloshing affirmative action by the wording he chooses. If he says “I’m aboloshing affirm-uh-tiv-er uh – action” then of course he loses. But try this on for size

Executive Order 666: To advance our ideals of a color blind society, I hereby order any use of racial prejudice in hiring or awarding of contracts to be illegal and will have fines of no less than one year in prison.

Poof. Affirmative action gone. What about the supreme court ? Well this is the beauty of it, by the time it works it way through the courts and appeals, Ginsberg will no longer be with us so… it’s all a matter of timing. If he does it just before the election, it would give him a huge boost from blacks and whites alike, only LEFTY blacks would be for affirmative action.

Living in a racist nation where race advantages exist is disgusting. Especially when those advantages are given NOT to those who built the nation, but to others.