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The Civil Rights Commission in 1981 set out the rationale for continuing with Affirmative Action on the basis of the progress made towards reducing prejudice but arguing that racism and sexism continued to be problematic and that there were on going discriminatory attitudes. The persistent lobbying by Civil Rights groups such as the NAACP helped to protect policies which were coming under greater threat. There was more awareness of discrimination and social changes had made discrimination less acceptable but there was also a reaction to positive discrimination. Reagan was particularly known for his opposition to Affirmative Action programs. He reduced funding for the Equal Employment Opportunity Commission and took up the idea of ‘reverse discrimination’. However, the courts reaffirmed Affirmative Action policies such as quotas. In 1986, the Supreme Court ruled that courts could order race-based quotas to fight discrimination in worker unions. 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Elements of the judiciary and the Presidency were hostile to Affirmative Action, but despite this, the policies were sustained in the 1980s. The Civil Rights Commission in 1981 set out the rationale for continuing with Affirmative Action on the basis of the progress made towards reducing prejudice but arguing that racism and sexism continued to be problematic and that there were on going discriminatory attitudes. The persistent lobbying by Civil Rights groups such as the NAACP helped to protect policies which were coming under greater threat. There was more awareness of discrimination and social changes had made discrimination less acceptable but there was also a reaction to positive discrimination. Reagan was particularly known for his opposition to Affirmative Action programs. He reduced funding for the Equal Employment Opportunity Commission and took up the idea of ‘reverse discrimination’. However, the courts reaffirmed Affirmative Action policies such as quotas. In 1986, the Supreme Court ruled that courts could order race-based quotas to fight discrimination in worker unions. Other Supreme Court decisions weakened Affirmative Action, but the principle behind it survived and there was congressional opposition to its removal.

There could be a debate between motivations which sprang from genuine concern for greater equality in the light of more awareness of discrimination and disparity and the political imperatives required to engage with a larger and more diverse ethnic electorate and the persuasiveness of the advocates of Affirmative Action. In some cases, Affirmative Action was strengthened because of the danger that legal decisions might undermine the very principles which underlay it. Affirmative Action had come under legal challenge in the Bakke case of 1978 but its continuance in an era of more conservative policy was made possible by some key Supreme Court judgements, Fullilove v Klutznick in 1980 protected a federal law which reserved federal law requiring that 15% of funds for public works be set aside for qualified minority contractors. Arguing that it did not violate the equal rights of non-minority contractors, which had been the basis of the Bakke decision. In some instances, Affirmative Action decisions were not being enforced and were strengthened. In 1987 Alabama was ordered by the Supreme Court to implement specific racial quotas to ensure that for every white policeman hired a minority appointment would be made and that a specific aim of 25% of minority officers in senior position should be achieved as the state had not implemented a 1979 Federal court ruling against discrimination. In education, the decision of institutions to maintain the policy in the face of judicial and executive, admissions and diversity officials, for example at the University of California, Berkeley, the University of Texas at Austin, and the University of Wisconsin-Madison, though its implementation remained uneven.

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