Conservative Attacks on Diversity, Equity, and Inclusion Intensify

Experts argue the 'diversity principle' remains vital despite some DEI program issues

Published on Mar. 2, 2026

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The article discusses the intensifying conservative attacks on diversity, equity, and inclusion (DEI) initiatives following the Supreme Court's 2023 decision ending the use of race in college admissions. It traces the history of the 'diversity principle' established in the Bakke case and the ongoing debate over the educational and business benefits of diversity. The authors argue that while some DEI programs may have issues, tearing them down is not the answer and the 'diversity principle' remains vital to addressing systemic discrimination.

Why it matters

The debate over DEI initiatives has become highly politicized, with conservatives increasingly blaming DEI for a wide range of issues. This raises concerns about the future of affirmative action and efforts to promote diversity and inclusion in education, business, and government.

The details

The article outlines how the Supreme Court's 2023 decision ending race-based admissions has emboldened conservative critics of DEI, with the Trump administration and at least 22 states taking steps to dismantle DEI programs. It also discusses the 'business case' for diversity, citing studies showing a positive relationship between diversity in leadership and corporate performance. However, the authors acknowledge that not all studies support the idea that diversity produces value.

  • The Supreme Court's 2023 decision ending the use of race in college admissions.
  • In the last two years, conservative critics have increasingly blamed DEI for various issues.

The players

John Roberts

Chief Justice of the United States Supreme Court, who wrote the majority opinion in the 2023 decision ending the use of race in college admissions.

Donald Trump

Former President of the United States, who has waged an 'all-out assault' on DEI programs since returning to office.

David B. Oppenheimer

A clinical professor of law at the University of California, Berkeley, and the author of 'The Diversity Principle: The Story of a Transformative Idea'.

Archibald Cox

Former Solicitor General of the United States, whose brief was heavily relied upon by Justice Lewis Powell in the Bakke case.

Lewis Powell

Former Associate Justice of the United States Supreme Court, who authored the opinion in the Bakke case establishing the 'diversity principle' as the constitutional foundation for affirmative action.

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What they’re saying

“The educational benefits of diversity are not 'sufficiently coherent' to pass constitutional muster.”

— John Roberts, Chief Justice of the United States Supreme Court (The Hill)

“Tearing down DEI is not the answer. The better approach, as Bill Clinton once said of affirmative action, is to 'mend it, not end it.'”

— Glenn C. Altschuler and David Wippman, Authors of the article (The Hill)

What’s next

The article does not mention any specific next steps, as it is focused on the broader debate over DEI initiatives and their future.

The takeaway

The debate over DEI initiatives has become highly politicized, with conservatives increasingly attacking them. However, the authors argue that the 'diversity principle' remains vital to addressing systemic discrimination, and that the better approach is to improve DEI programs rather than dismantle them entirely.