CAPAC Leaders Condemn Supreme Court’s Decision Gutting Race-Conscious Decisions
WASHINGTON, D.C.— Today, the Supreme Court of the United States announced its decision on Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, undermining the Court’s long-standing support for affirmative action in higher education.
Affirmative action refers to certain education, contracting, and employment policies–such as race-conscious policies that consider race as one factor in a holistic admissions process–that aim to increase the representation of racial and ethnic groups that have been historically underrepresented. These groups include Black, Latino/Latina, Native American, and Asian American, Native Hawaiian, and Pacific Islander (AANHPI) students who face systemic barriers to educational opportunity, including cultural biases in standardized test questions and far less access to college preparatory courses, that harms their competitive edge in the college admissions process.
CAPAC Leaders released the following statements:
CAPAC Chair Rep. Judy Chu (CA-28):
“I am deeply distressed at the Supreme Court’s decision today to gut affirmative action in higher education. For Asian American, Native Hawaiian, and Pacific Islander communities, this ruling is a loss. Let me be clear—our communities are not a monolith. AANHPI students from low-income, first-generation, immigrant, refugee, or indigenous backgrounds who are already systematically denied equal opportunity in education will encounter even more hurdles to acceptance.
“Despite the extremist efforts to turn back time, re-segregate our schools, and pit the Asian American community against other communities by using us as a wedge, I refuse, as Chair of the Congressional Asian Pacific American Caucus, to let this ruling reverse the tremendous strides communities of color have made to increase equity and opportunity for all. President Biden has already announced steps that the Administration will take to promote educational opportunity and diversity in higher education. I stand with the unified civil and human rights community, my colleagues in the Tri-Caucus, and Black, Latino, Native American, and AANHPI communities across the nation to fight for the right of every student to reach their full potential.”
CAPAC First Vice-Chair Rep. Grace Meng (NY-06):
“Today’s Supreme Court decision will have devastating impacts on the diversity of our institutions of higher education. As we assess the impact of this decision and what it means for students of color, we must look to solutions that will ensure everyone, regardless of socioeconomic status, has a shot. That means looking at the admission process holistically, addressing the practice of legacy, sports, faculty, and donor connections in the admissions process. We must maintain a transparent and equitable admissions process that ensures the identities, strengths, achievements, and experiences of all applicants are valued and considered. I remain committed to promoting diversity and equal opportunity for all in higher education.”
CAPAC Second Vice-Chair & Education Task Force Chair Rep. Mark Takano (CA-39):
“Today the Supreme Court upended decades of precedent regarding affirmative action policies intended to increase the representation of historically underrepresented racial and ethnic groups by overturning Grutter v. Bollinger.
“As an Asian American graduate of the University of California, Riverside and Harvard University, I firmly believe I have benefitted from the policy of affirmative action. All students should have access to a quality education, and we know students benefit when our institutions reflect the diversity of our country. As a former public school teacher, I am a strong supporter of race-conscious admissions policies such as affirmative action that allow race to be considered alongside many factors in the college admissions process. There is ample evidence that many Americans support this policy integral in promoting campus diversity and closing educational gaps.
Despite this conservative effort to undermine racial justice and diversity within our education system, and more largely our society, I will continue to fight with my colleagues to advance equal opportunity in education. Affirmative action policies give students of color a fair shot, and we will seek innovative ways to help ensure diversity and equal opportunity in higher education.”
CAPAC Whip Rep. Ted Lieu (CA-36):
“I strongly oppose the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The majority opinion, however, contains a critical exception that I urge all colleges and universities to utilize: ‘nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.’ Many colleges and universities already employ this type of holistic admissions policy to achieve diversity on their student body mix and I urge them to continue to do so. When colleges reflect the diversity of America, all our communities are strengthened.”
CAPAC Freshman Representative Rep. Jill Tokuda (HI-02):
“Today’s SCOTUS ruling overturning race-based affirmative action in college admissions is heartbreaking and enraging. It ignores this country’s history and the barriers that are still present in our society ensuring everyone does not have equal opportunities. Today’s ruling will help eliminate an effective tool that has had measurable success, changing the futures of people of color for years to come.”
House Education and the Workforce Committee Ranking Member Rep. Bobby Scott (VA-03):
“The Supreme Court’s decision to end the consideration of race as a factor in college admissions is a significant setback in our effort to eliminate disparities in access to higher education and ensure diverse learning environments for all students. It is now imperative that we review other facets in college admissions that research shows are racially discriminatory and have a disparate impact and determine if they too need to be eliminated, given today’s ruling. Race-conscious admissions policies provided a counterbalance to these discriminatory factors—such as inequitable K-12 schools, racially biased admissions tests, and developmental and legacy admissions—that all marginalize students of color. Now that the Court has invalidated that balance, I call on the Attorney General to start filing cases now against any current school practices that violate the Equal Protection Clause and Title VI of the Civil Rights Act because they have discriminatory impact.”
Sen. Mazie Hirono (HI):
“Affirmative action policies have helped colleges and universities across our country cultivate more diverse student bodies. These commonsense policies recognize that diversity on campuses benefits all students, and help to advance racial equity. But once again, this extreme Supreme Court has taken our country backwards. Given our country’s long history of racial discrimination and the stark racial inequality that continues to this day, for Justices to focus on whether the benefits of diversity can be measured precisely is shortsighted and detached from reality. Diversity of every kind makes us stronger. At a time when those on the right disavow diversity in a cynical attempt to divide us, I’ll continue working to advance diversity, equity, and justice for all.”
House Education and the Workforce Committee Member Rep. Pramila Jayapal (WA-07):
“Ensuring that people from all communities and corners of this country are represented at higher education institutions is part of what makes America so unique. This is a terrible ruling from the Supreme Court that will both hurt all communities, including communities of color, in their efforts to get college degrees, and will result in a loss in diversity of thought and opinion at universities across our nation. Asian American Native Hawaiian and Pacific Islander communities include low-income students and others who face systemic barriers to educational opportunities. Affirmative action supports their paths to a quality education and economic mobility. However, today’s decision will further limit college access to the wealthy few. While I’m extremely disappointed in this decision, we must keep fighting in Congress to ensure that everyone has the opportunity to get a higher education and build successful life for themselves and their families.”