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National Law Student Affinity Organizations' Joint Statement on the Supreme Court's Affirmative Action Decision

As national organizations representing Asian American and Pacific Islander, Black, and Latinx law students, we are profoundly disappointed with the Supreme Court’s recent decision to strike down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. Affirmative action was implemented in the 1960s to remedy centuries of racial discrimination that restricted the opportunities of African Americans and other minority groups.[1] Over the past six decades, affirmative action has played a key role in advancing equity, diversity, and inclusion in higher education. The recent Supreme Court decision threatens the hard-won progress in education equality.

 

Racial disparities remain a fact of life. Racial minorities continue to be significantly underrepresented in the legal profession. In 2020, 5% of lawyers in the United States are Black – the same as a decade ago – while 13.4% of the population is Black. Similarly, 4% of lawyers are Hispanic while 19% of the population is Hispanic, and 2% of lawyers are Asian while 6% of the population is Asian.[2] The disparities are even starker among leadership: only 2.1% of law firm partners are Black and 2.8% of law firm partners are Latinx.[3] In government, Black and Latinx lawyers are similarly significantly underrepresented, and the percentages of Asian American federal clerks and Black federal clerks have actually decreased in the last 25 years.[4] As our country grapples with urgent social and political issues, we are in need of lawyers, lawmakers, and leaders who represent and reflect our society.

 

Contrary to common arguments against affirmative action, most Asian American adults support affirmative action.[5] Asian American and Pacific Islander (AAPI) students are too often cast as a monolithic model minority, particularly in discussions about affirmative action. In reality, the AAPI population includes 24 million people from 50 ethnic subgroups, ranging from fifth-generation Americans to refugees and first-generation immigrants.[6] The subgroups within AAPI communities have strikingly different educational outcomes and socioeconomic backgrounds. Race-conscious admissions recognizes the diversity within AAPI communities and advances opportunity for underserved subgroups. The idea that affirmative action can only negatively impact AAPI students ignores reality to the detriment of AAPI communities.

 

Together, we stand in solidarity with all marginalized communities of color. Moving forward, we remain resolute in our commitment to our missions. We will only strengthen our efforts to cultivate minority lawyers and advocate for equity and diversity in legal education and the legal profession. We call for the legal community to take action in advancing education equity, including the following:

 

  • We urge law school administrations to invest in and expand efforts to ensure racial diversity in recruitment and outreach, recruit from Historically Black Colleges and Universities (HBCUs) and Hispanic-Serving Institutions (HSIs), and establish meaningful partnerships with affinity organizations;

 

  • We recommend Asian American and Pacific Islander, Black, Latin American, and other affinity organizations at law schools to initiate and maintain sustained discussions with their respective administrations to protect diversity in admissions; and

 

  • We call on law firms, governments, legal organizations, and law schools to invest in programs to not only recruit but also retain, develop, and support minority law students, and to ensure their personal and professional inclusion and success.

 

In solidarity,

 

The National Asian Pacific American Law Students Association (NAPALSA)

Alice C. Hu, President of NAPALSA

 

The National Black Law Students Association (NBLSA)

Jarrius Adams, National Chair and Chief Executive Officer of NBLSA

 

The National Latina/o Law Students Association (NLLSA)

Kristin Paradisis, National Chair and Chief Executive Officer of NLLSA

 

The North American South Asian Law Students Association (NASALSA)

Saurav Singh, President of NASALSA

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