Randall Kennedy reflects that when diversity became a positive, race-based preferences overcame the backlash:
Over the years, affirmative action has been truncated by judicial rulings and banned by voters in some states. In one guise or another, however, special efforts to assist marginalized racial minorities remain a major force in many schools and firms, foundations, and governments. Affirmative action survived principally because many rightly believe what President Bill Clinton declared on July 19, 1995, in what is (thus far) the only presidential address wholly devoted to the subject: “Affirmative action has been good for America.” Clinton argued that ongoing injuries of past racial wrongs require redress; that affirmative action can usefully serve to prevent new invidious discrimination that is difficult, if not impossible, to reach through litigation; that the adverse consequences of affirmative action on whites are often grossly exaggerated and can easily be minimized; and that better learning and decision-making arise in environments that are racially diverse.