Critics from the right often argue legitimately that their critiques are not racially motivated but are instead rooted in concerns over fairness, equality, and the preservation of meritocratic principles. They might assert that laws and policies should not confer advantages or disadvantages based on race.

Kirk's actual interest is what he perceives as the Act's transformation into mechanisms that, in his view, unfairly target white people, suggesting a misapplication or evolution of the law's original intents toward what he calls reverse discrimination.