He did not argue against the idea of affirmative action, but rather what he sees as a quota system that has replaced it. The U.S. Constitution, in his view, does not give rights to groups of people, but rather individuals, and so should affirmative action. Affirmative action should not be abandoned, but put into the context of the individuals that have been wronged. Swope argued that the problem with affirmative action as it stands today is that it allows for racial preferences, and can benefit those that have never suffered from social injustice. In his view, it also can hurt those it is designed to help.
Racial preferences are injurious and counterproductive.
The minorities who benefit from affirmative action are actually hurt by it because stereotypes of inferiority are reinforced by affirmative action's lower standards. We are asking for the government and institutions to take a second look at minority applicants who are disadvantaged through circumstances outside of their control. Polkey brought up the point that affirmative action is not necessarily a racial issue and that the government utilizes it in many other areas. The Montgomery GI Bill is discriminatory towards veterans. Another element of Polkey's argument was that affirmative action does not lead to less qualified applicants receiving benefits over those that are more qualified.