Thursday, June 22, 2023

AANHPI legal advocates reaffirm their support for affirmative action

The majority of Asian Americans support affirmative action.


Anxiety continues to build as civil rights and education advocates await the US Supreme Court ruling on affirmative action.

Days before an expected ruling, Asian Americans Advancing Justice (Advancing Justice) today (June 22) filed two amicus briefs before the Supreme Court in Students for Fair Admissions v. Harvard, affirming their  longstanding support for race-conscious admissions in higher education.

Students for Fair Admissions, headed by conservative activist Edward Blum, has  unsuccessfully tried for years to end affirmative action by claiming it discriminates against White students.. The latest complaint against Harvard and the University of North Carolina is different from other attempts because it asserts the two schools' affirmative action admission policies discriminates against Asian American applicants.

Previous affirmative action cases brought before more moderate Supreme Courts have ruled in favor of the policy born in the 1960s to open the doors for students of color who for generations been denied the same opportunities and privileges as White students. However, most legal analysts believe that this particular Supreme Court might rule against affirmative action because of thet a 6-3 conservative majority that doesn't respect legal precedent. 

“For centuries, communities of color, including Asian Americans, have struggled against racial discrimination and faced systemic barriers to education, employment, and immigration, among other challenges,” said John C. Yang, President and Executive Director of Advancing Justice – AAJC. “Race, ethnicity, and our lived experiences are integral parts of our personal story and collective history. Holistic admissions ensures all students have the opportunity to share their whole story in addition to their academic achievements.”

The five organizations comprising the Advancing Justice affiliation, the Lawyers’ Committee for Civil Rights Under Law, Lawyers For Civil Rights, and pro bono counsel Arnold & Porter filed an amicus brief on behalf of a multiracial group of alumni students of color at Harvard who support holistic admissions policies that take into account the entirety of a student’s assets and experiences.

In their brief, the student and alumni amici, or "friends of the court," briefs attested to how a diverse campus benefits all students, including addressing racial isolation and increasing cross-racial understanding and cultural competency that better prepared them for their professional careers. Asian American amici also affirmed benefiting from race-conscious admissions policies at Harvard, which provided them the opportunity to share their whole story, including their race and ethnicity, background, and diverse experiences.

The Advancing Justice affiliation with pro bono counsel, Ballard Spahr, submitted a separate amicus brief joined by 37 Asian American and Native Hawaiian/Pacific Islander (AANHPI) civil rights groups, advocacy organizations, professionals, and student organizations in support of race-conscious admissions programs that improve equal access to educational opportunities for all.

The amicus brief affirms that Harvard and UNC’s race-conscious admissions programs do not discriminate against AAPI students, but rather expand their access to higher education. The brief also highlights the educational benefits of racial diversity for AAPI communities and asserts that eliminating the consideration of race in admissions programs will harm AAPI and other students of color.

Justice Roberto A. Rivera-Soto, former Justice of the Supreme Court of New Jersey, former partner/now senior counsel at Ballard Spahr LLP, adds, “We are proud to work with Advancing Justice to support holistic admissions policies that have allowed countless numbers of students to attain great heights and contribute to bettering society for us all. We must continue to cultivate the potential of all students -- including all who have struggled and continue to struggle against discrimination -- to bring us closer to the promise of an equitable society we all deserve.”

Most nonpartisan polls have found that the great majority of AANHPI support affirmative action's goals of equal opportunity.

“Our communities know better than to give into extremist strategist Edward Blum’s years-long mission to deny Black, Latinx, Asian American, and other communities of color equal voting rights and educational opportunities,” said Aarti Kohli, Executive Director of Advancing Justice - Asian Law Caucus. “As a parent, my children have had more chances to grow and thrive because of affirmative action, diversity, and anti-discrimination programs in our education systems. As a civil rights lawyer, there’s no question these attacks on the constitutionality of race conscious programs are a thinly veiled strategy to limit educational opportunities for all students of color.”

The Supreme Court is expected to issue its decision before the end of June.

“For too long, the model minority myth has propagated a false premise that AAPIs don’t benefit from race conscious admissions practices,” said Connie Chung Jose, CEO, Asian Americans Advancing Justice Southern California (AJSOCAL). 

“The reality is that our communities also face discrimination and barriers to opportunities that race conscious admissions can address," Jose continued. "And for AAPI students and other students of color, having a racially diverse student body is not only important to their educational experience, but often necessary to fully articulate the hurdles, achievements, and personal development experiences intrinsic to college admissions evaluations.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

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