The future of affirmative action hangs in the balance as the Supreme Court is set to decide on two cases involving race-conscious admissions at the University of North Carolina and Harvard. While affirmative action has traditionally been associated with people of color, women have also benefitted greatly from the policy. As a successful white woman who served as a judge for the U.S. District Court for the Southern District of New York, I strongly believe in the policies that helped secure our positions in various institutions. If the Supreme Court were to weaken or dismantle affirmative action, it would be our responsibility to ensure underrepresented communities continue to have access to elite educational opportunities.
Opponents of affirmative action argue that the U.S. has reached a stage where everyone is treated equally, but this is far from the truth. Minorities remain woefully underrepresented in classrooms and careers. A National Association of Law Placement report showed that Black lawyers make up only 2.2% of law firm partners, with Black and Latino women at less than 1%. Affirmative action, as practiced today, does not discriminate against any groups but simply considers race as one factor among many to contextualize an applicant’s experiences. A holistic admissions process that looks at various factors ensures that all the applicant’s experiences and characteristics are considered.
Affirmative action policies have proven effective in helping historically marginalized groups gain higher education and achieve success in their careers. For example, former all-male colleges/universities made a concerted effort to recruit women, resulting in more women graduating from college than men by 2019. People of color are entitled to similar opportunities based on their historical exclusion.
More than 60 major companies, including Apple, Google, Starbucks, and United Airlines, filed a legal brief last August urging the Supreme Court to protect affirmative action. Those companies view the policy as critical to creating a pipeline to diverse workforces and boardrooms. Similarly, more than 300 law firms filed a brief underscoring the importance of developing diverse leaders equipped with skills to thrive globally. Thirty-five retired military leaders also submitted a brief, stating that the elimination of affirmative action programs would impede the military’s ability to acquire essential entry-level leadership attributes and training for cohesion.
It takes deliberate efforts to ensure that well-qualified people of color have the same opportunities in education and the workforce that were once exclusively available to white men. This is crucial for democracy to thrive. Justice Sandra Day O’Connor’s majority opinion upholding affirmative action in Grutter v. Bollinger recognized that paths to leadership must be visibly open to talented and qualified individuals of all backgrounds to have legitimacy in the eyes of citizens. Exposing future leaders to diverse perspectives and experiences produces fundamental benefits ranging from better problem-solving to reduced prejudice and increased empathy.
While we celebrate the achievements of women and people of color in various positions, including the first Black female Supreme Court justice and the first Latino judge on the Court of Appeals for the District of Columbia Circuit, there is still more progress to be made, especially for women of color. White women have an obligation to recommend, hire, promote, nominate, and honor not only those who look like us but those who don’t. This will help us achieve the goal of creating a country where opportunities and advancement are available to all. The social fabric of universities, our society, and our democracy depend on it.
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