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The Supreme Court struck down affirmative action programs in two cases presented before it, leading to a torrent of outrage over the unprecedented actions.
On Thursday (June 29th), the Supreme Court handed down a 6-3 decision ruling that the affirmative action policies at the University of North Carolina and Harvard University were unconstitutional. The verdicts dealt a blow to five decades’ worth of efforts to boost more diversity through programs taking applicants’ race into account when applying to colleges and universities nationwide for decades. Chief Justice John Roberts wrote in the majority opinion that the programs “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful endpoints.”
Justice Clarence Thomas, the Black conservative who sided with the majority including Justices Brett Kavanaugh, Neil Gorsuch, Amy Comey Barrett, and Samuel Alito, wrote in his concurring opinion that the policies “fly in the face of our colorblind Constitution. He continued: “Despite the extensive evidence favoring the colorblind view, as detailed above, it appears increasingly in vogue to embrace an ‘antisubordination’ view of the 14th Amendment: that the Amendment forbids only laws that hurt, but not help, Blacks,” Justice Thomas wrote. “Such a theory lacks any basis in the original meaning of the 14th Amendment.”
The decision caused immediate backlash and concern from those opposed to the decision. Justice Ketanji Brown Jackson, who had recused herself from the Harvard case as she served on their Board of Overseers prior to her SCOTUS appointment, wrote a blistering and incisive dissenting opinion aimed at Thomas and Roberts’ opinions. “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat,” she wrote, “But deeming race irrelevant in law does not make it so in life.”
As the news sunk in, more reactions including that of President Joe Biden came forth condemning the ruling and expressing the effects it will have in the future. Here’s a selection of the more prominent.
1. Michael Eric Dyson
This is the face of a man who climbed the ladder of affirmative action to his present perch of power only to help destroy the very ladder on which he ascended. This is not only the mark of deep ingratitude & disavowal of history, but a withering betrayal of justice & democracy. pic.twitter.com/qtoLiOlQuy
— Michael Eric Dyson (@MichaelEDyson) June 29, 2023
The esteemed professor and author took the conservative Thomas to task, noting his own rise to the court through affirmative action and calling his role in the verdict “a withering betrayal of justice & democracy.”
2. uché blackstock, md
The Supreme Court's decision to strike down affirmative action, including in professional schools, like medical and nursing, will have detrimental consequences on Black health for generations to come. This is about life & death for us. Today, we are only 5% of physicians.
— uché blackstock, md (@uche_blackstock) June 29, 2023
Well-known for her efforts to boost diversity in medical schools and her work to get more attention paid to Black communities by the medical industry, Dr. Blackstock pointed out how the decision will affect applicants from the community going forward.
3. Michael Harriot
Before you begin your thinkpiece, the Supreme Court DID NOT strike down Affirmative Action
Admission preferences for legacies, donors, employee families and special recommendations are still allowed
The Court struck down Affirmative Action For everyone except WHITE PEOPLE
— Michael Harriot (@michaelharriot) June 29, 2023
Writer and contributor to The Grio, Harriot reminds readers who will truly benefit from the decisions handed down.
4. Deepa Iyer
In one paragraph, J. Sotomayor says it all: "Ignoring race will not equalize a society that is racially unequal." #SCOTUS #affirmativeaction pic.twitter.com/Mv2Lrma9Hx
— Deepa Iyer (@dviyer) June 29, 2023
The author and activist highlights the dissenting opinion by Justice Sonia Sotomayor.
5. Olivia Truffaut-Wong
It's sad to see Asian students being used to gut Affirmative Action. A reminder that the Model Minority Myth is a tool of white supremacy, not a road to acceptance.
— Olivia Truffaut-Wong (@iWatchiAm) June 29, 2023
The journalist observes with dismay how Asian students who took part in the lawsuit leading to these cases brought before the Supreme Court unwittingly played into white supremacy.
6. Nikole Hannah-Jones
An elite, white majority determining after just 50 years of weak, half-hearted
affirmative action efforts, that they are the ones to decide that enough has been done to address centuries of explicit racial exclusion against Black people is the most American ruling ever.— Ida Bae Wells (@nhannahjones) June 29, 2023
The creator behind The 1619 Project mused about how this decision falls in line with the worst of American history.
7. Joyce Vance
The most important part of today's SCOTUS decision, which kills affirmative action in education without actually saying it does, is Justice Jackson's dissent, which is a barn burner from its opening sentences & well worth reading. pic.twitter.com/2n14cbVhdH
— Joyce Alene (@JoyceWhiteVance) June 29, 2023
The former federal prosecutor under the Obama presidential administration called attention to Justice Ketanji Brown Jackson’s dissenting opinion, particularly the opening.
8. Melissa Murray
Justice Sotomayor making clear that her conservative colleagues DGAF about stare decisis. They effectively overruled Grutter just as they overruled Roe and Casey. Because they could. When you [have five], they let you do what you want. pic.twitter.com/EblARwpaP6
— Melissa Murray (@ProfMMurray on Spoutible
) (@ProfMMurray) June 29, 2023
The New York University law professor highlights another part of Justice Sotomayor’s dissent, and explains how she pointed to the court’s conservative majority being so eager to overturn precedent.
9. Barack Obama
Affirmative action was never a complete answer in the drive towards a more just society. But for generations of students who had been systematically excluded from most of America’s key institutions—it gave us the chance to show we more than deserved a seat at the table.
In the… https://t.co/Kr0ODATEq3
— Barack Obama (@BarackObama) June 29, 2023
Former President Barack Obama weighs in and amplifies former First Lady Michelle Obama’s statement.
10. President Joe Biden
Our colleges are stronger when they are racially diverse. And America is stronger because we are tapping into our full range of talent.
Today's Supreme Court decision is not the last word.
— President Biden (@POTUS) June 29, 2023
) (@ProfMMurray)