National Affinity Group Statement: Amy Wax
As descendants of enslaved ancestors, immigrants, refugees, asylum seekers, and persons holding multiple identities among these, we reject Amy Wax’s hateful rhetoric that we and our communities are dangerous, inferior, do not belong, have made fewer contributions, and are inherently less able to utilize the law because of our skin colors or heritages. Wax, a tenured professor at the University of Pennsylvania Carey Law School, has publicly and repeatedly undermined the characteristics, attitudes, abilities, and achievements of minority groups in America. NBLSA, NAPALSA, NASALSA, and HNBA-LSD firmly state that all minority attorneys and law students are worthy of being in the legal profession. Protection and recognition of the dignity, rights, and contributions of our communities, and of future generations—who must not be subject to false and incendiary narratives about their identities—remains our foremost priority.
​
In the fall of 2017, Wax, in a lecture titled “The Downside to Social Uplift” stated, “I don’t think I’ve ever seen a black student graduate in the top quarter of [a Penn Law School] class and rarely, rarely in the top half.” Law School dean, Ted Ruger, quickly stated that Wax’s claims were false. Penn has had more Black editors of its main Law Review than any other university. Notably, three of Penn’s prestigious law journals are led by Black women.
​
On December 20, 2021, in an interview on journalist Glenn Loury’s web show, Wax criticized Asian immigration to the United States, warning of the “danger[s] of the dominance of Asian elite in this country.” Further, Wax stated that the United States is “better off with fewer Asians and less Asian immigration.”
​
Most recently, on April 8, 2022, Wax appeared on “Tucker Carlson Today,” and stated that “‘Blacks’ and other ‘non-western’ groups harbor tremendous amounts of ‘resentment, shame, and envy’ against western people for their ‘outsized achievements and contributions.’” Specifically, Wax attacked Indian immigrants for criticizing conditions in the U.S. when “their country is a sh--hole.” Wax went on to say that “the role of envy and shame in the way that the third world regards the first world . . . creates ingratitude of the most monstrous kind.”
​
Wax was denounced by students of color at Penn Law earlier this year, formalizing a movement to seek her removal from the faculty there. It remains unclear how much longer the faculty review process—initiated by Dean Ruger in January—will take. Regardless, that Wax has been permitted to teach, supervise, and ridicule minority law students for over twenty-one years is alarming. Few understand how much more burdensome law school is for students who continuously receive the message that they are “less than” or do not belong. Penn Law must do more to protect these law students, and reject Wax’s odious rhetoric.
​
Wax’s view of “western” exceptionalism is rooted in white supremacist ideology; the illogical and racist assumption that the very existence of persons of color lacks merit or quality. Therefore, we shall not spend time detailing the validity, necessity, achievements, or excellence of persons of color in the legal profession. Minority law students belong in the spaces they occupy. In the face of bigotry and racism, our national organizations will continue supporting minority law students to succeed in the study and practice of law.
​
To hold Amy Wax fully accountable, the University of Pennsylvania Carey Law School should:
I. Investigate Wax’s continued employment at the Law School by examining whether her behavior complies with University Behavioral Standards, and is reflective of how students of color in her classes have received their grades, no later than August 15, 2022. The process should be transparent to students and alumni and the results should be available in a timely manner. During the investigation, the Penn Carey Law School must suspend Wax from teaching and prohibit her from socializing with students.
II. Provide further transparency into the Law School’s tenure requirements, the University’s Behavioral Standards regarding faculty conduct, and the mechanisms by which students and the University can take action against professors who violate these standards. This should occur no later than May 20, 2022.
III. Keep to its prior commitment to ensure that alternative professors teach all courses taught by Wax. This should occur no later than the start of the 2022–23 academic year.
Based on her continued harmful remarks against people of color, we believe Amy Wax has proven herself unfit to continue as a member of an academic staff.
​
Signed,
The National Asian Pacific American Law Student Association (NAPALSA)
On behalf of APALSA chapters across the country
Dillon B. Yang, President of NAPALSA
​
The National Black Law Students Association (NBLSA)
On behalf of BLSA chapters across the country
Richard Garzola, Chair & CEO of NBLSA
​
The North American South Asian Law Students Association (NASALSA)
On behalf of SALSA chapters across the country
Divya V. Advani, President of NASALSA & Shivani Parikh, President-Elect of NASALSA
