Disability Rights California’s Statement on the U.S. Supreme Court’s Decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina

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Disability Rights California’s Statement on the U.S. Supreme Court’s Decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina

As Disability Rights California endeavors to reverse the legacy of racism and its harmful effects on disabled communities of color, we denounce the recent Supreme Court decision that threatens to dismantle decades of progress made possible by affirmative action policies in our institutions of higher learning. The Court struck down college admissions policies that considered race as one of many factors for a diverse student body, finding that they violated the Equal Protection clause of the Fourteenth Amendment. In doing so, the Court both minimized the historical reality of structural racism, while questioning its ongoing relevance in contemporary American life. 

In our advocacy, we witness daily how Black, Latinx, Native American, and Asian American and Pacific Islander disabled people experience restricted access to housing, education, healthcare, and employment. We similarly see how Black and Latinx people with disabilities are disproportionately policed and incarcerated.

We echo Justice Sotomayor’s dissenting opinion, “Ignoring race will not equalize a society that is racially unequal. What was true in the 1860s, and again in 1954, is true today: Equality requires acknowledgment of inequality.” 

As the nation’s largest nonprofit law firm serving people with disabilities, we recognize the critical importance of diversity in the legal profession. Communities of color deserve representation from lawyers who come from their communities. Affirmative action policies served to widen the pipeline of college graduates of color into law schools. With the Court’s decision now disallowing race as a factor, we call upon law schools to strengthen programs such as active recruitment from traditionally underrepresented communities.  

Disability Rights California is committed to considering the whole person—in all their glorious humanity-- in our advocacy. We will continue to name the pernicious effects of racism as we seek to remove the barriers that prevent disabled people from living lives with independence and equality. We are committed to working hand in hand with communities to create a world where all disabled people have power and are treated with dignity and respect.  

 

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of DRC is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.