1:17 p.m.: This story was updated to include reaction.

The Trump administration plans to rescind guidance related to colleges using race-based policies in admissions to promote diversity, according to news reports.

The Obama-era guidance includes guidelines issued in the wake of the 2016 U.S. Supreme Court ruling that upheld the University of Texas use of affirmative action in college admissions.

The Wall Street Journal reported on the plan to rescind the guidance noting that outgoing U.S. Supreme Court Justice Anthony Kennedy -- often the swing vote on the bench -- left the schools open to legal challenge on race-based admissions policy when he issued the majority opinion in the Fisher vs. the University of Texas case.

Rescinding the guidance wouldn't change the law but some worry that doing so is meant to cause confusion and further signals the Trump administration's desire to unravel affirmative action.

Kennedy's retirement from the court could pave the way for a more conservative appointment to the bench as another case involving how higher education institutions use race in admissions. The Trump administration has taken an interest in lawsuit against Harvard University that claims the school discriminated against Asian students unfairly in an attempt to balance the racial makeup on campus.

A spokesman for the Justice Department told CNN in a statement that the executive branch cannot circumvent Congress or the courts by creating guidance that goes beyond the law.

"Last year, the Attorney General initiated a review of guidance documents, which resulted in dozens of examples -- including today's second tranche of rescissions -- of documents that go beyond or are inconsistent with the Constitution and federal law," spokesman Devin O'Malley told the network. "The Justice Department remains committed to enforcing the law and protecting all Americans from all forms of illegal race-based discrimination."

But civil rights advocates say the administration's move only furthers intolerance and discrimination by supporting systematic racial biases.

Vanita Gupta, who oversaw the civil rights division at the U.S. Department of Justice under Obama, issued a statement saying the administration was failing in its duty to ensure the well being of all students.

"Diverse campuses play an integral part in how our students collaborate and thrive," said Gupta, now president and CEO of The Leadership Conference on Civil and Human Rights. "Although today's action does not change any laws, it sends a clear signal that Attorney General Sessions and Secretary DeVos are advancing a vision of America that is particularly hostile to students of color, but that will impact all students."

The Lawyers' Committee for Civil Rights Under Law issued a statement saying rescinding the guidance is a deliberate attempt to install fear and confusion on campuses.

"We condemn the Department of Education's politically motivated attack on affirmative action and deliberate attempt to discourage colleges and universities from pursuing racial diversity at our nation's colleges and universities," said Kristen Clarke, president and executive director of the group.