Race matters, Jackson, Sotomayor give eloquent, angry defense of affirmative action

Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the conservative majority.

OPINION

Even though the US Supreme Court's ruling overturning affirmative action was expected, it didn't lessen the anger that still rose up Thursday morning. I'm furious.

The Supreme Court released their decision Thursday saying that Harvard's admission policy discriminated against Asian students applying to the school and ruled that the University of North Carolina's use of race to achieve a diverse student body was against the Constitution.

The vote was 6-3 in the complaint against UNC with the conservative justices in the majority. In Harvard's case, the vote was 6-2 with Associate Justice Ketanji Brown Jackson recusing herself because she was until, recently, a member of Harvard’s board of overseers.

The complaints against both schools was filed by Students for Fair Admissions, a questionable group headed by anti-affirmative action activist Ed Blum, who has been trying to end the policy for decades. In the case against Harvard, SFFA claimed that the school's affirmative action policy discriminated against Asian American applicants, who never showed up in court to testify.

The gist of the SCOTUS rulings was that schools could not use race as a factor in evaluating students applying for admission.

Personally, race helps define who I am. People who say they are color-blind -- and that includes the six conservative justices -- don't see me. The SCOTUS majority is saying my life experiences as a Filipino American does not matter.

To be clear, in the cases of Harvard and UNC, race is simply one of many factors used in evaluating student applicants, much like family income, a GPA, test scores and extra-curricular activities are factors. To say race doesn't matter, the Court erases a major part of my life story that forms my world view, my personality, my values. To say race doesn't matter, the Court majority says I don't matter.

FYI: Read the US Supreme Court ruling.

Justices Sonia Sotomayor and Ketanji Brown Jackson, the two women of color on the Court and both beneficiaries of "affirmative action" programs, in their scathing dissenting views, say it better than I can.

Sotomayor warned the decision will have a "devastating impact" on the United States. The SCOTUS majority's "vision of race neutrality will entrench racial segregation in higher education because racial inequality will persist so long as it is ignored."

In the Harvard case, Sotomayor wrote “that race can no longer be used in a limited way in college admissions,” the Court basically “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter.”

Sotomayor, a Puerto Rican who grew up in low-income housing projects and benefited from affirmative action policy herself, wrote in defense of the UNC admission policy of using race as one of several factors in evaluating student applicants to the public university. 

"The majority’s vision of race neutrality will entrench racial segregation in higher education because racial inequality will persist so long as it is ignored," she wrote. "Despite the Court’s unjustified exercise of power, the opinion today will serve only to highlight the Court’s own impotence in the face of an America whose cries for equality resound."

Jackson's no less fiery dissent of the UNC ruling, was a masterclass in the history of racism and affirmative action. Her dissenting opinion will likely be used in educating future lawyers.

"Our country has never been colorblind. Given the lengthy history of state-sponsored race-based preferences in America, to say that anyone is now victimized if a college considers whether that legacy of discrimination has unequally advantaged its applicants fails to acknowledge the well documented “intergenerational transmission of inequality” that still plagues our citizenry," writes Brown Jackson, the first Black woman on the Supreme Court.

Jackson continues: “With let-them-eat-cake obliviousness, on Thursday, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.” ... “But deeming race irrelevant in law does not make it so in life.”

“If the colleges of this country are required to ignore a thing that matters, it will not just go away. It will take longer for racism to leave us. And, ultimately, ignoring race just makes it matter more.”

EDITOR'S NOTE: This is a developing story. check back later for updates and additional commentary, news and views from an AANHPI perspective. Follow @DioknoEd on Twitter or at his blog Views From the Edge.

AAPI leaders applaud Senate confirmation of Ketanji Brown Jackson to SCOTUS

SCREEN CAPTURE / MSNBC

President Biden and Judge Ketanji Brown Jackson watched the Senate vote from the White House.

UPDATED: 12:40 P.M. PDT, April 8, to include remarks from Friday media event.

In a historic vote Thursday, the U.S. Senate voted to confirm Judge Ketanji Brown Jackson to serve as an Associate Justice of the United States Supreme Court.

Jackson will officially be sworn in later this summer when Justice Stephen Bryer retires. She will be the first Black woman to be on the Supreme Court bench.

Most leaders in the Asian American and Pacific Islander communities backed President Biden's nominee to the Supreme Court calling the Senate vote "a significant moment in our nation’s history and an affirmation of our nation’s commitment to equal justice under law," said John C. Yang, president the executive director of Asian Americans Advancing Justice - AAJC.

The Senate vote, 53-47, mostly along party lines. Three Republicans -- New Hampshire's Susan Collins, Alaska Lisa Murkowski and Utah's Mitt Romney -- went against the GOP radical conservatives and Trump syncophants to vote with the Democrats.

“With her historic confirmation, Judge Jackson becomes the first Black woman and second woman of color to serve on the nation’s highest court, a long overdue step towards an inclusive justice system that reflects the diversity of America," says Yang. The other jurist of color is Justice Sonia Sotomayor, a Latina. 

Jackson is "a brilliant legal scholar and consensus builder, Judge Jackson brings a diverse legal perspective to the Court," says A.B. Cruz III, acting president of NAPAB the National Asian Pacific American Bar Association.

“We thank President Biden for his commitment to diversifying our judiciary. Notably, women and persons of color, including Asian Americans, Native Hawaiians and Pacific Islanders, continue to be underrepresented on our courts.”

"Judge Jackson is a brilliant legal mind with a deep knowledge of the law. She has a judicial temperament that is calm and in command — and a humility that allows so many Americans to see themselves in her," Biden said after the Senate vote.

“I am feeling up to the task, primarily because I know that I am not alone. I am standing on the shoulders of my own role models, generations of Americans who never had anything close to this kind of opportunity, but who got up every day and went to work believing in the promise of America,” said Judge Jackson during remarks at the White House on Friday.

“I am also ever buoyed by the leadership of generations past who helped to light the way. Dr. Martin Luther King Jr., Justice Thurgood Marshall, and my personal heroine, Judge Constance Baker Motley,” Jackson said. “They and so many others did the heavy lifting that made this day possible. ... I think of them as the true path-breakers,” she said, occasionally pausing to contain her emotions.

At the same media event on the White House lawn, Vice President Kamala Harris, who created history of her own as the first Asian and first Black Vice President, said: 

"In the years to come, the court will answer fundamental questions about who we are and what kind of country we live in. Will we expand opportunity or restrict it? Will we strengthen the foundations of our great democracy? Or let them crumble? Will we move forward or backward? The young leaders of our nation will learn from the experience, the judgment, the wisdom that you, Judge Jackson, will apply in every case that comes before you."

Judge Jackson is one of the most experienced and qualified nominees to the Supreme Court.

“Judge Jackson is a brilliant jurist who brings the depth and breadth of her experience, including becoming the first former public defender, to serve on the Supreme Court," says Yang. 

After graduating from Harvard University and Harvard Law School, she began her legal career as a clerk for retiring Supreme Court Justice Breyer. In her decades of legal experience, Judge Jackson has served on the U.S. Sentencing Commission, as a Judge on the U.S. District Court for the District of Columbia, and most recently as a Judge on the U.S. Court of Appeals for the D.C. Circuit. 

When Vice President Kamala Harris announced the vote, the usually staid Senate broke out in a standing ovation. Except for Romney who joined the applause by the Democrats, underlining the political partisanship marring Congress, the rest of the  Republicans walked out of the chamber. 

"As the first Black woman and first public defender to serve in this role, Justice Jackson embodies the values of democracy and equality that we hold most dear in America," said Rep. Judy Chu, chair of the Congressional APA Caucus. "I have long believed that our country’s judicial system should look like the people it serves. When Justice Jackson takes her seat, the Court will, for the very first time, have four women and three people of color serving on the bench."

David Inoue, executive director of the Japanese American Citizens League, said this of Judge Jackson’s confirmation:

“The appointment of Justice Jackson is a long overdue step forward for our country. The Supreme Court has for over 233 years lacked the full life experience that Justice Jackson will bring as a public defender and particularly as a black woman. Too often, we have seen the court disregard or diminish the rights of minorities. We look forward to Justice Jackson ensuring one more minority perspective is represented on the court.”

EDITOR'S NOTE: This is a developing story. Check back later for updates.

AAPI leaders voice support for Supreme Court nominee Ketanji Brown Jackson

Judge Ketanji Brown Jackson gave remarks after being introduced by President Joe Biden and
 Vice President Kamala Harris.

President Biden announced Friday that he is nominating Judge Ketanji Brown Jackson to the Supreme Court to replace retiring Justice Stephen Breyer and received the support of AAPI community advocates.

Congressional Asian Pacific American Caucus Chair Rep. Judy Chu (CA-27) issued the following statement:

“I am thrilled at President Biden’s choice of Judge Ketanji Brown Jackson to be the first Black woman justice on the Supreme Court! Over her long career, Judge Jackson has demonstrated a true commitment to public service and justice, qualities which have already led to her being confirmed by a strong bipartisan vote to serve on the US Court of Appeals for the DC Circuit. As a lawyer on the US Sentencing Committee, a public defender, and an experienced Federal judge, Judge Jackson brings an important perspective to the court that will be essential for protecting the rights of all Americans.

The National Council of Asian Pacific Americans (NCAPA) and member organizations issued the following statements after President Biden announced Judge Ketanji Brown Jackson as his pick for the Supreme Court of the United States.

The National Council of Asian Pacific Americans congratulates Judge Ketanji Brown Jackson for making history as the first Black woman nominated to be a Supreme Court Justice, and we applaud President Biden for this selection.

“Our coalition has long held that the work of racial and gender justice cannot be viewed as a zero sum game for communities of color. When the highest court in the land moves one step closer to reflecting the diversity of the country, that is a win for all of us,” said Gregg Orton, National Director of NCAPA. “With the Supreme Court taking up so many cases of importance to our community members, ensuring another diverse perspective is now more critical than ever.”

Priya Purandare, Executive Director, National Asian Pacific American Bar Association (NAPABA) commented:

“Judge Ketanji Brown Jackson is exceptionally well qualified to serve on our nation’s highest court. Women and persons of color—including AAPIs—continue to be underrepresented on our courts. If confirmed, we will have four women justices and the most diverse Supreme Court in history. We applaud President Biden’s commitment to creating a judiciary that reflects our nation and we urge the Senate quickly to confirm Judge Jackson.”

Madalene Mielke, President & CEO of Asian Pacific American Institute for Congressional Studies (APAICS) commented:

“APAICS applauds President Biden for keeping his promise to diversify the leadership in our country by nominating the first Black woman to the Supreme Court. We understand better than anyone that, oftentimes, qualified women of color are overlooked for leadership positions. It is critical that we continue to create a pipeline to elevate individuals that can represent our country and the diversity within it.”

Juliet K. Choi, President and Chief Executive Officer of Asian & Pacific Islander American Health Forum (APIAHF) stated:

“We are encouraged that President Biden has followed through with his campaign promise to nominate a Black woman to serve on the Supreme Court. Diversity and representation at the apex of our nation’s institutions is critical to making underserved communities like ours heard, and we celebrate the work that the Administration has, and will continue to progress equity and justice.”

Hope Atuel, CEO of Asian Real Estate Association of America (AREAA) said:

“The Asian Real Estate Association of America congratulates Judge Ketanji Brown Jackson for attaining the rare distinction of a Supreme Court Justice nomination, and for being the first Black woman in history to receive this honor.

“Judge Ketanji Brown Jackson’s extensive resume and experience in the field make her a highly qualified candidate, and we extend our support and trust to her to uphold the founding doctrine of our country. As proud Americans, the AAPI community benefits from any justice that follows the American ideals of liberty and justice for all.”

Thu Nguyen, Executive Director of OCA-Asian Pacific American Advocates (OCA) added:

“The Supreme Court is not truly reflective of the country it serves, which is why this nomination is so incredibly important. The confirmation of Judge Ketanji Brown Jackson will shatter a historic barrier and hopefully set a precedent for the proper inclusion of people of color in government.”

Anjuli Amin, Ph.D., President of the Asian American Psychological Association (AAPA) said:

“The Asian American Psychological Association (AAPA) congratulates Judge Ketanji Brown Jackson on their historic nomination to the Supreme Court. This nomination is a critical step towards uplifting all communities of color. It comes at a crucial point in our fight for justice and in ensuring the Supreme Court becomes a more accurate reflection of the diversity present within our country.”

David Inoue, Executive Director of the Japanese American Citizens League (JACL) commented:

Judge Ketanji Brown Jackson is an excellent nominee for the Supreme Court, with unimpeachable credentials. Rather than ask why Judge Jackson has been nominated above other candidates, we should be asking why they have been passed over previously for consideration. When President Biden was campaigning, he promised to nominate a Black woman so that the court would look more like America. Swift confirmation of Judge Jackson will move us in that direction.

Kiran Kaur Gill, Executive Director of the Sikh American Legal Defense and Education Fund (SALDEF) added:

“SALDEF congratulates Judge Ketanji Brown Jackson on her nomination. Today’s nomination is a historic sign of progress for our country. The elevation of a Black woman to the Supreme Court is a signal that America’s highest institutions can be inclusive of persons of all backgrounds and all experiences. Judge Jackson is an experienced legal advocate and we urge the Senate to confirm her to the bench.”

Mona R. Shah, Executive Director of the South Asian Bar Association of North America (SABA) stated:

“The South Asian Bar Association of North America (SABA) congratulates Judge Ketanji Brown Jackson for her well deserved nomination to be a Supreme Court Justice. SABA also praises the Biden Administration for this historic and needed choice.”

Christine Chen, Executive Director of Asian Pacific Islander American Vote (APIAVote) commented:

“The nomination of Judge Ketanji Brown Jackson is absolutely historic. Judge Jackson is one of the most qualified candidates in the country and we welcome her nomination as a huge step for representation and equality for all communities including Asian Americans and Pacific Islanders. The Supreme Court today faces fundamental questions regarding our democracy and our right to vote, therefore it is of the utmost importance we have Supreme Court justices who understand the unique circumstances of our diverse nation. We see promise in Judge Jackson’s ability to do this.”

Jeffrey B. Caballero, Executive Director of the Association of Asian Pacific Community Health Organizations (AAPCHO) said:

“AAPCHO commends President Biden for nominating Judge Ketanji Brown Jackson to the Supreme Court of the United States. Diversity and representation are critical to understanding and addressing institutional, systemic, and structural barriers that perpetuate our nation’s inequities. Judge Ketanji Brown Jackson’s expertise and lived experience will provide the court with an important perspective as it considers the most critical legal questions facing the nation. AAPCHO and our member community health centers urge the Senate to quickly confirm Judge Jackson.”

John C. Yang, President and Executive Director of Asian Americans Advancing Justice (Advancing Justice – AAJC) stated:

“The Supreme Court needs to serve and reflect the diversity of America, and we celebrate the nomination of a woman of color, and the first black woman, to the highest court in the land. We need justices on the Supreme Court who have a demonstrated commitment to equal justice under the law, understand the lived experiences of communities of color, and who will ensure the civil rights of all communities are protected.”

Kenrick I. Ross, Executive Director of the National Queer Asian Pacific Islander Alliance (NQAPIA) said:

“NQAPIA applauds the historic nomination of Judge Ketanji Brown Jackson to the Supreme Court. Along with being eminently qualified for this role, the nominee will bring a unique perspective to issues heard before the court in a moment when the basic rights and dignity of LGBTQ+ Asians and Pacific Islanders and other marginalized groups are being decided. We applaud President Biden in taking this historic step, and for moving at such a rapid pace to have all levels of the judicial system better reflect the true diversity of America”

Marielle A. Reataza, Executive Director of the National Asian Pacific American Families Against Substance Abuse (NAPAFASA) added:

“We wholly support President Biden’s nomination of Judge Ketanji Brown Jackson as the next Supreme Court Justice. The next Justice is filling a seat during a time in which Americans are aching for representation and seeking guidance on how to move forward. We believe that she is well-qualified and poised for this role. Congratulations, Judge Jackson!”

Sung Yeon Choimorrow, Executive Director of the National Asian Pacific American Women’s Forum (NAPAWF) stated:

“NAPAWF is thrilled to celebrate Judge Ketanji Brown Jackson’s nomination to the highest court in the land. She is an exceptional jurist with a breadth of experience and a demonstrated pattern of excellence over the course of her accomplished career. Judge Jackson’s historical nomination is a meaningful step to ensuring that the highest court in the land is closer to reflecting the diversity of our country and NAPAWF.”

Tavae Samuelu, Executive Director of Empowering Pacific Islander Communities (EPIC) stated:

“EPIC celebrates the nomination of Judge Jackson. It’s incumbent upon us to ensure that though she is the first, she cannot be the last. This is a step toward correcting the longstanding exclusion of Black women from seats of power.”

Alvina Yeh, Executive Director of the Asian Pacific American Labor Alliance (APALA), AFL-CIO commented:

“We congratulate Judge Ketanji Brown Jackson for her nomination to the United States Supreme Court. As the high court’s first former public defender, Jackson brings with her invaluable experiences and perspectives from issues impacting the most vulnerable members of our community. While serving on the U.S. Sentencing Commission, she successfully helped to reduce the recommended penalties for nonviolent drug offenders, demonstrating her commitment to reform the criminal legal system. Jackson’s confirmation would strengthen the progressive and women’s voice on the court, which is critical when attacks to abortion access, worker protections, and civil rights are being contested across the nation. We call for a swift confirmation for Judge Jackson!”

Becky Belcore, Co-Director of the National Korean American Service and Education Consortium (NAKASEC) added:

“Recognizing the diversity of communities and experiences in the United States is a vital step towards creating more equitable systems and reducing harm. It is imperative and urgent that our judicial systems, including and especially the highest court, reflect, recognize, and center the communities their decisions will most impact.”

Seema Agnani, Executive Director of the National Coalition for Asian Pacific American Community Development (National CAPACD) said:

“National CAPACD congratulates Judge Ketanji Brown Jackson for her well-deserved Supreme Court nomination. We are proud to witness the first Black woman nominated to the highest legal institution in our country, and we are encouraged by the Biden Administration’s commitment to appoint leaders who reflect the diversity—and determine the futures—of the communities they serve. We urge the Administration to swiftly confirm Judge Jackson as the Supreme Court faces critical decisions that will determine whether we, as a country, move toward equity and racial justice.”

Rod Lew, Executive Director of Asian Pacific Partners for Empowerment, Advocacy, and Leadership (APPEAL) commented:

“President Biden’s SCOTUS nomination marks a historic day. This is a step forward for racial and gender justice. Judge Ketanji Brown Jackson’s experience and knowledge will have positive impacts for communities of color for generations to come.”

Additionally, A.B. Cruz III, acting president of NAPABA released the following statement:

“NAPABA congratulates Judge Jackson on her historic nomination to serve on the U.S. Supreme Court. She is a brilliant legal scholar and is well qualified to serve on the Court. President Biden’s promise to appoint the first Black woman to the Supreme Court underscores his commitment to diversifying our judiciary. Notably, women and persons of color, including Asian Americans, Native Hawaiians and Pacific Islanders, continue to be underrepresented on our courts.""