Democrats Rip 'Radical' Supreme Court Decision Axing Affirmative Action In Education

Democrats on Thursday condemned the Supreme Court’s “extremist” decision to eliminate affirmative action in education, with some saying that its break from another decades-old precedent is the latest sign that the nation’s highest court is facing a legitimacy crisis.

In a decision written by Chief Justice John Roberts and backed by the other five conservative justices, the court put an end to systems designed to help minority students access higher education after centuries of racial discrimination. Studies show ending affirmative action policies will disproportionately hurt Black and Latino students.

“Today’s decision deals a needless blow to America’s promise of equal and fair opportunity,” reads a joint statement from Congressional Asian Pacific American Caucus chair Judy Chu (D-Calif.), Congressional Black Caucus chair Steven Horsford (D-Nev.) and Congressional Hispanic Caucus chair Nanette Barragán (D-Calif.).

“Casting aside decades of precedent, the Court’s anti-opportunity majority further undermines its own legitimacy by gutting race-conscious university admissions, which will benefit the wealthy and well-connected most,” said the caucus chairs. “This extremist Supreme Court does not get to decide our values. We will always fight for diversity and representation in politics, business, culture, and beyond.”

Horsford said separately that the court has gone rogue by breaking from a precedent that’s been in place since 1978. For more than 40 years, the court has repeatedly held that race-based admissions policies in colleges and universities are consistent with Title VI of the Civil Rights Act and the equal protection clause of the 14th Amendment, he said.

“By delivering a decision on affirmative action so radical as to deny young people seeking an education equal opportunity in our education system, the Supreme Court has thrown into question its own legitimacy,” Horsford said.

Senate Majority Leader Chuck Schumer (D-N.Y.) called the court’s ruling “a giant roadblock in our country’s march toward racial justice.”

“The consequences of this decision will be felt immediately and across the country, as students of color will face an admission cycle next year with fewer opportunities to attend the same colleges and universities than their parents and older siblings,” the senator said. 

Some Black lawmakers said the decision reflects a broader pattern of the court routinely rolling back protections for people in marginalized communities.

“For some reason, every time people of color take a step forward, this nation finds a way to make them take three steps back,” said Rep. Frederica Wilson (D-Fla.), who is the ranking member on the House Higher Education and Workforce Development Subcommittee.

“The Supreme Court’s decision on affirmative action is unconscionable, out of touch, and a significant setback,” she said.

“Ending affirmative action in higher education—which the Court had already held to be legal—will have devastating impacts on our communities,” said Rep. Cori Bush (D-Mo.). “Universities have historically denied Black, brown, and Indigenous people from accessing institutions of higher education.”

Rep. Ayanna Pressley (D-Mass.) had some stronger words, calling the court’s decision “just the latest in the white supremacist assault on equity in education.”

Democrats’ anger over the court’s decision comes amid a growing sentiment that the court itself has become delegitimized, extremist and badly in need of reform.

There’s the problem with the court’s two “stolen” seats , a reference to Republicans helping former President Donald Trump confirm two of his picks by blocking confirmation of then-President Barack Obama’s nominee Merrick Garland and then ramming through Justice Amy Coney Barrett just days before the 2020 presidential election, while millions of people were casting votes for Joe Biden.

Then there was the court’s break from long-standing precedent last year to overturn Roe v. Wade, once again carried out by the court’s 6-3 conservative supermajority. Its two most conservative justices — Clarence Thomas and Samuel Alito — hinted that they’d like to revisit other landmark decisions to potentially revoke more rights, including the 2015 decision that granted same-sex couples the constitutional right to marry.

Sen. Richard Blumenthal (D-Conn.), a member of the Judiciary Committee, said the court’s decision on affirmative action is “just the latest example of the activist conservative Justices’ willingness to overturn settled precedents and discount democratic values in pursuit of their ideological policy agenda.”

“Once again, this extreme Supreme Court has taken our country backwards,” said Sen. Mazie Hirono (D-Hawaii), also a member of the Judiciary Committee. She called Thursday’s decision “shortsighted and detached from reality.”

Beyond concerns about the court’s extremist turn, Thomas and Alito have been mired in ethics scandals . A bombshell report from ProPublica revealed that Thomas has been accepting luxury trips almost every year for more than 20 years from GOP megadonor Harlan Crow and not disclosing them. Thomas also sold his ancestral home to Crow without disclosing it. Crow, meanwhile, has had financial interests before the court .

Alito similarly accepted an undisclosed trip from a GOP megadonor who had business before the court. Justice Neil Gorsuch also failed to disclose that he sold property for more than $1 million to a top law firm executive with business before the court.

Rep. Ilhan Omar (D-Minn.) called Thursday’s decision “especially striking” considering that at least three justices “are facing major corruption scandals” and a majority of the justices were appointed by a president who lost the popular vote, referring to Trump and former President George W. Bush.

“No wonder American people increasingly see this Court as corrupt and facing a legitimacy crisis,” she said in a statement.

It is clearly time to move forward with court reform, said Rep. Hank Johnson (D-Ga.), who is the ranking member on the House Judiciary subcommittee on the courts and a sponsor of legislation to add four more seats to the court.

“Justice ‘Harlan Crow’ Thomas and five other MAGAs have just slammed the college doors on Black and Brown folks after declaring that we now live in a color-blind country,” Johnson said in a statement. “This decision can lead to the demise of [historically Black colleges and universities]. We cannot let that happen.”

He added, “This judicial activism must be met with passage of my legislation to expand SCOTUS.”

Sen. Jeff Merkley (D-Ore.), who called the decision to axe affirmative action “a step backwards,” said he plans to reintroduce a bill to stop universities from giving preferential treatment to children of alumni and donors.

“The last thing we should want is a world in which underrepresented students are given less opportunity while the wealthiest and most privileged students have their own special form of affirmative action,” Merkley said in a statement.

The Oregon senator said he and Rep. Jamaal Bowman (D-N.Y.) will “soon” unveil their legislation, the Fair College Admissions for Students Act, to ban colleges and universities from giving an unfair advantage to the kids of financial donors and legacy alumni in the admissions process.