California Activists Renew Push for Racial Preferences

Effort to gut state's ban on affirmative action faces uphill battle after Supreme Court ruling

Mar. 16, 2026 at 9:37pm

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Activists in California are once again attempting to amend the state's constitution to allow for racial preferences, despite recent defeats and a landmark Supreme Court ruling declaring affirmative action in college admissions unconstitutional. Gail Heriot, a former member of the U.S. Commission on Civil Rights, argues that California has more pressing issues to address than race-based policies.

Why it matters

California's ban on affirmative action has been a contentious political issue for years, with activists repeatedly trying to overturn it. The Supreme Court's recent ruling against affirmative action in college admissions has added a new wrinkle, making the activists' efforts even more challenging.

The details

Activists are pushing to amend California's constitution to allow for racial preferences, similar to efforts that have failed in recent years. Gail Heriot, a former member of the U.S. Commission on Civil Rights, argues that California has more pressing problems to address that affect people of all races and ethnicities.

  • In 2023, the U.S. Supreme Court declared affirmative action in college admissions unconstitutional in the case of Students for Fair Admissions v. Harvard.
  • Activists have been fighting to overturn California's ban on affirmative action for years, with recent defeats.

The players

Gail Heriot

A recently retired professor of law at the University of San Diego and a former member of the U.S. Commission on Civil Rights, who has been a leader in fights to keep racial preferences out of California's constitution.

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What they’re saying

“California has so many real problems—problems that affect people of all races and ethnicities,”

— Gail Heriot, Former member of the U.S. Commission on Civil Rights

The takeaway

The Supreme Court's ruling against affirmative action in college admissions has dealt a significant blow to activists' efforts to reinstate racial preferences in California, but they remain determined to amend the state's constitution despite past defeats. The debate over affirmative action continues to be a divisive political issue in the state.