The 14th Amendment has been used to dismantle race-based programs. Historians say there are clashing interpretations

The Supreme Court’s decision to gut affirmative action in college admissions one year ago has opened the door for numerous legal challenges against race-based grant programs, internships and scholarships across the country.

The Supreme Court’s decision to gut affirmative action in college admissions one year ago has opened the door for numerous legal challenges against race-based grant programs, internships and scholarships across the country. Many of those lawsuits are being filed by conservative groups who insist that it’s unconstitutional to design and operate a program exclusively for a certain racial group. They argue that the programs particularly disadvantage White and Asian Americans, by preventing them from obtaining the jobs, funding or opportunities that these programs offer to other racial groups. Some lawsuits invoke the Equal Protection Clause of the 14th amendment which was ratified after slavery was abolished and says no state may “deny to any person within its jurisdiction the equal protection of the laws.” The amendment was notably cited in Justice Clarence Thomas’ concurring opinion in the landmark affirmative action ruling, who described it as a “crowning accomplishment” of Congress. Thomas argued that the 14th Amendment “ensures racial equality with no textual reference to race whatsoever.”