Press On or Reverse Course: A Change That Could Come from the Supreme Decision on Affirmative Action

Effenus Henderson
3 min readJun 25, 2023

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Press on or Reverse Course?

“A change is gonna come,” sang Sam Cooke in the 1960s, capturing the essence of hope and anticipation for progress in the realm of civil rights. Fast forward to the present day, and we find ourselves on the cusp of a pending Supreme Court decision on affirmative action, contemplating whether the change we yearn for has truly arrived. Betty Everett’s song, “There Will Come a Time,” speaks of a moment when we must confront the continuing injustices that have been swept under the rug. This impending decision represents the latest chapter in what I refer to as “reversity” — a conscious and coordinated attempt to push back on the full inclusion of people of color and other marginalized communities. This essay delves into the historical background of affirmative action while highlighting the importance of taking proactive measures to stall regressive efforts and ensure progress towards a more inclusive future.

Historical Context

Affirmative action emerged in the 1960s as a response to systemic racial discrimination, aiming to address historical disadvantages and promote diversity. Landmark Supreme Court cases such as Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), and Fisher v. University of Texas at Austin (2016) have shaped the legal framework surrounding affirmative action in higher education. These decisions emphasized the compelling state interest of diversity and provided guidance on permissible affirmative action policies.

Shifting Ideological Composition

Understanding the changing landscape of affirmative action requires acknowledging the shifting ideological composition of the Supreme Court. Recent appointments have tilted the balance, introducing conservative perspectives that question the constitutionality and necessity of affirmative action. This shift intensifies anticipation regarding the upcoming decision’s direction and its potential to redefine the boundaries of affirmative action policies.

Challenges to Affirmative Action

Opponents argue that affirmative action perpetuates reverse discrimination and undermines principles of equal protection. They advocate for merit-based systems and question the efficacy of affirmative action in achieving its intended goals. Concerns over mismatch theory and potential stigmatization of beneficiaries have gained traction, leading to increased scrutiny of affirmative action policies.

Defending the Importance of Affirmative Action

Proponents stress the necessity of affirmative action in combating systemic discrimination and fostering diversity in educational institutions and workplaces. They argue that affirmative action acknowledges historical inequities and promotes equal opportunities for marginalized groups. Proponents emphasize the benefits of diversity in enriching learning environments, cultivating empathy, and equipping individuals to thrive in a diverse society. They contend that dismantling affirmative action would perpetuate inequalities and impede progress towards inclusivity.

Stalling Regressive Efforts

In the face of regressive attempts to hinder progress, it is crucial to take proactive action. Here are strategies to stall such regressive efforts:

  1. Mobilizing Activism: Advocate for marginalized voices, organize protests, build coalitions, and utilize social media platforms to raise awareness and garner support for diversity and inclusion.
  2. Strengthening Legal Frameworks: Reinforce legal protections for equal rights and affirmative action by engaging with legal organizations, lobbying for legislation, and supporting cases challenging regressive policies.
  3. Promoting Education and Awareness: Educate the public on the benefits of diversity, historical context, and dispel misconceptions through inclusive curricula, fostering empathy, and encouraging conversations.
  4. Supporting Allies and Intersectionality: Recognize the interconnectedness of social justice movements, support allies in their fights against discrimination, and build a unified front against systemic injustices.
  5. Engaging in Policy and Electoral Processes: Participate actively in policy-making and voting to shape the direction of social progress, supporting candidates and initiatives that prioritize diversity, equity, and inclusion.

Conclusion

As we await the pending Supreme Court decision on affirmative action, we must acknowledge the historical context that has shaped this issue. Simultaneously, we must take proactive measures to stall regressive efforts. By mobilizing activism, strengthening legal frameworks, promoting education and awareness, supporting allies, and engaging in policy and electoral processes, we can work towards a more inclusive future. The change we seek is an ongoing process that requires collective determination and unwavering commitment to justice. Together, we can press on and shape a society that embraces diversity, equal rights, and justice for all.

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Effenus Henderson
Effenus Henderson

Written by Effenus Henderson

President and CEO of HenderWorks Consulting and Co-Founder of the Institute for Sustainable Diversity and Inclusion. Convener, ISO Working Group, DEI

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