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Western Center Reactions to Supreme Court Rulings on Affirmative Action

Western Center Reactions to Supreme Court Rulings on Affirmative Action  

On June 29th, 2023, the Supreme Court announced their long-awaited rulings on race-based college admissions. In an unsurprising, yet still deeply disappointing move, the court ruled affirmative action as unconstitutional. Western Center is guided by our North Star: “we seek to eliminate poverty and advance racial and economic justice by dismantling and transforming systems so all communities in California can thrive.” To do so, we must acknowledge the painful and persistent history of racism in our nation and its continued impact on the people we serve, permeating health, housing, public benefits, and access to justice. We will continue our righteous work for equity and justice in the face of these challenges. 

Below are reactions from Western Center staff and interns on this ruling: 

“I am deeply disappointed and downright angry about the Supreme Court’s decision to overrule its prior precedent permitting race to be one of many factors used in the higher education admissions process. It is quite profound that this historic blow hit us on the same day as the release of the historic CA Reparations Task Force final report. We weep and we rejoice simultaneously! We who believe in freedom cannot rest until it comes! I’m grateful for all the social justice warriors making a difference every day! Keep fighting the good fight! We need you!” 

  • Crystal D. Crawford, Executive Director   

“We cannot allow six people to facilitate further backsliding and complicity in bowing to anti-Black forces. Western Center on Law and Poverty fights for equity and representation in our own workplace, and in the courts, capitol, counties, and beyond. This may set us back, but it will not stop us from finding new ways to continue pushing for that equity/representation, and reparations. For this to work, we need to stop seeing affirmative action and reparations as ‘taking’ from one group and ‘giving’ to another. Just look at what happened in California after Prop. 209, and how without affirmative action things got worse, even if institutions innovated and adapted.” 

  • David Kane, Senior Attorney  

“As an Asian American, I am disappointed and saddened by the central role that a few in my community have played to defeat the use of race conscious admissions in higher education. Many Asian Americans have benefitted and continue to benefit from the use of affirmative action, not just in education but in spaces like employment and government contracting. To deny that history is ignorant. I want to offer that today’s Supreme Court decision is not reflective of the opinions of all Asian Americans, and we will continue to stand with our fellow BIPOC students and communities to ensure there is truly equal opportunity for all.” 

  • Helen Tran, Senior Attorney  

“Refusing to acknowledge or address racism and the need for remedies to address historic discrimination under the guise of ‘colorblindness’ and ‘equal protection’ instead continues to deprive ALL students of the benefit that results by providing a way to help reverse historic discrimination by providing for a diverse student body. The decision entrenches ‘racial inequality in education, the very foundation of our democratic government and pluralistic society…. racial inequality will persist so long as it is ignored,’ wrote Justice Sotomayor in a powerful dissent.” 

  • Jodie Berger, Senior Attorney  

While the Supreme Court’s majority ruling on affirmative action today was expected, it makes it no less disappointing and painful. Our work at the Western Center shows us every day that our society needs to take affirmative steps to counter the persistency of anti-Blackness and racism, not only in education, but in housing stability and opportunity, in health care access and care, in economic and financial security, and access to justice. As Justice Jackson says in her powerful dissent, “deeming race irrelevant in law does not make it so in life.” I take some comfort from Justice Sotomayer’s wise words: “Notwithstanding this Court’s actions, however, society’s progress toward equality cannot be permanently halted. Diversity is now a fundamental American value, housed in our varied and multicultural American community that only continues to grow. The pursuit of racial diversity will go on. And our pursuit of racial justice goes on.” 

  • Nisha Vyas, Senior Attorney  

“It’s ironic that on the same day that the California Reparations Task Force released a comprehensive report documenting the historical, present and ongoing discrimination faced by students in marginalized communities who seek the promise of higher education, the Supreme Court in Students for Fair Admissions, Inc v. President and Fellow of Harvard College issued a decision that espouses a “‘colorblind society.” This decision will have a profoundly negative effect on institutions of higher education to eliminate barriers of discrimination and increase opportunities for underrepresented Black, Latinx, and Indigenous people. The Supreme Court’s recent decisions have given license to discriminate against marginalized communities. Now more than ever we must take up the social justice fight of those who came before us and stand against these repressive policies and decisions.”  

  • Sandra O. Poole, Policy Advocate 

“While grieving the recent SCOTUS decision on affirmative action I reflected on my own journey to law school. As a first-generation minority student, I am the first in my family to attend a four-year university and graduate. I am also the first in my family to go to graduate school and I am going to be the first lawyer in my family. My college education means everything to me and my family. For students like me, a college education is not just about education. It’s about breaking out of the cycle of poverty and inspiring those who may come after me. In fact, I have chosen to use my education in political science and criminal justice to uplift those voices that have been traditionally unheard. Speaking from experience, affirmative action is so much more than considering race in admissions. Affirmative action is not giving a seat away or turning down an equally qualified candidate just because they are not a minority. Affirmative action is giving minority students a chance to even be considered. Additionally, affirmative action gives non-minority students a more enriching college experience by adding different life perspectives into classroom discussion. Young people today are becoming a powerful voice in politics and in their own education. Today’s SCOTUS decision does not reflect the voices of the young people who will be affected. Instead, today’s decision reflects the recent warfare on public education. My heart goes out to the prospective students who may come after me.” 

  • Selena Sanchez, Law Clerk  

Texas v. California: What three experts think could happen and implications of the Supreme Court’s decision

“Jen Flory, Policy Advocate for the Western Center on Law & Poverty, discussed the impact of the Supreme Court’s decision on California during a session at the 2020 Southern California State of Reform Virtual Health Policy Conference.”

JOINT STATEMENT: Overturning Affordable Care Act Would Have Devastating Consequences for Millions of Californians

The stakes have never been higher for the millions of Californians who rely on the Affordable Care Act (ACA) for access to the vital health care services they and their loved ones count on every day. As the U.S. Supreme Court weighs the future of the ACA, one point is clear: this momentous law has become part of the fabric of our entire health care system.

So many things we all count on could be upended if the ACA is overturned:

  • Guaranteed coverage for people with pre-existing conditions, including almost 950,000 people who have contracted COVID-19.
  • The ability of 2 million young adults under age 26 to remain on their parents’ health plans.
  • The expansion of Medi-Cal to nearly 4 million low-income Californians, including single childless adults between 19-25 with incomes up to 138% of the Federal Poverty Level.
  • Subsidies through Covered California to make individual health insurance more affordable.
  • Enhanced Medicare payments to hospitals, doctors and other providers that help ensure seniors have access to the care they need, when they need it.

Cutting through all the partisanship, politics, and legal arguments, the ACA is really about one thing: people. Without the ACA, millions of Californians who rely on its protections will be sicker, their ability to provide for their families will be at risk, and they will face an uncertain future.

With so much at stake, we hope the Supreme Court rules to protect the health of all Californians.


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