By Hon. Barbara Lee

By ruling that race and ethnicity cannot be considered in college admissions, the U.S. Supreme Court sets us back more than four decades.

For generations, affirmative action has been a powerful means of lowering barriers to education for historically marginalized and underrepresented students of color. At its core, it simply aims to remedy the government-sanctioned, decades-long inequality by making race one factor in the college admissions process.

Dismantling these policies will not only have devastating implications for students of color, but for the classrooms at these institutions, which will become devoid of diversity in the lived experience and perspective needed to solve America’s toughest challenges. Higher education serves as an incubator for the brilliant ideas of tomorrow. Those ideas will now become less diverse.

I’m a graduate of Mills College, a women’s college in Oakland. There was a time when, as a Black woman, my options for higher education were limited. But because affirmative action successfully addressed the centuries-long discrimination in higher education, I was able to earn my degree while caring for my two children as a single mother on public assistance.

I met my mentor, Congresswoman Shirley Chisholm; received my master’s degree in social work; became a successful small business owner; serve in Congress; and ran to be only the third Black woman in our nation’s history to serve in the U.S. Senate.

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The list of barriers to higher education is already long, and I fear that with this ruling we are turning back the clock, and a generation of talented young people of color may not be given the same opportunities that I had.

For those reasons and more, I’ve fought hard to uphold affirmative action. California’s Proposition 209, which effectively banned affirmative action across our state’s public education systems, was a harmful policy that deprived countless students of color the opportunity to study at some of the greatest academic institutions in the world.

In 2020, I fought for the reversal of Prop 209, but it sadly failed. I argued against the banning of affirmative action before the UC Board of Regents years ago, and since that policy went into effect, the share of Black, Latino and Native American students has fallen significantly.

California has a difficult relationship with race. Despite being one of the most progressive states in the country, we struggle with racial inequality of epic proportions.

Ironically, [June 29] the California Reparations Task Force completed the report they were commissioned to produce. I was the only member of Congress to testify in front of the task force, and yesterday’s ruling affirms the need for their work toward an effort to repair the legacy of slavery, Jim Crow and systemic racism, and for my continued effort at the federal level to establish a Commission on Truth, Racial Healing and Transformation.

While the country mourns the end of affirmative action in higher education, let’s be clear: The Supreme Court did not strike down affirmative action for everyone. It was just taken away for everyone that’s not wealthy and white.

For many wealthy white students, it still exists in the form of legacy admissions. Justice Brett Kavanaugh knows this intimately, as a legacy admission to Yale. Judge Clarence Thomas was an affirmative action admission as well. Yet, they are denying future generations their same opportunities, and making the application of a first-generation college student from an immigrant family less notable than the child of a fifth-generation Yale graduate from a wealthy family.

In the spirit of Judge Ketanji Brown Jackson’s dissent on the ruling, preventing the consideration of race does not end racism, and deeming race irrelevant in law does not make it so in life. We do not live in a colorblind society.

Systemic racism is not an abstract idea. For the far right, it is intentional, deliberate and strategic. Their efforts to ban books, erase history and simply deny students of color entry into the building is a coordinated effort to uphold white supremacy.

Education has always been the great equalizer, which is why, for centuries, people of color were systematically shut out of educational opportunities. [Last] Thursday’s decision is simply one more part of this effort and, ultimately, lays the groundwork to undermine Brown v. Board of Education, which began the dismantling of Jim Crow.

The remnants of Jim Crow laws and the chains of slavery were meant to be broken, not meant to take new forms. Affirmative action is a crucial tool to not only incentivize racial diversity on our college campuses, but level the playing field for all those in pursuit of the American dream.

This opinion was originally published in the Sacramento Bee on July 1.

Washington, DC – Congresswoman Barbara Lee (CA-12), Co-Chair of the Pro-Choice Caucus, released the following statement on Judge Matthew Kacsmaryk’s decision in Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al to side with anti-abortion hate groups and suspend the FDA’s approval of mifepristone.

Mifepristone is the first drug in a two-medication regimen that has been used safely and effectively by millions of people for over 20 years for early abortion care and for miscarriage management.

“Study after study has found mifepristone to be an exceedingly safe and effective way to end a pregnancy; in fact, unfortunately, there are statistically more risks associated with pregnancy itself – especially for Black women. Since its approval by the FDA in 2000, mifepristone has been used safely by more than 5 million Americans. It is critical to remember right now that mifepristone is still legal and accessible, and we will not stop fighting to ensure it stays that way.

“Make no mistake: if the Supreme Court upholds this extreme and dangerous ruling, it will be the greatest loss for abortion rights since the fall of Roe. This is just the next step in the decades-long coordinated effort by anti-abortion groups to ban abortion care in every form, in every state.

“We can’t let that happen. As Co-Chair of the Pro-Choice Caucus, I am working closely with our partners to respond to this egregious ruling and preserve access to mifepristone nationwide. People—not politicians—should have the freedom to make their own health care decisions, and we won’t stop fighting until they do.”

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California Black Media

Rep. Barbara Lee (D-CA12), the highest-ranking African American woman serving in the U.S. Congress, announced on February 21, that she will enter the race to replace 89-year-old Dianne Feinstein — California’s senior U.S. Senator who has announced that she will not seek another term.

“No one is rolling out the welcome mat – especially for someone like me. I am the girl they didn’t allow in, who couldn’t drink from the water fountain, who had an abortion in a back alley when they all were illegal,” Lee said in a video she released announcing her senatorial bid. “I escaped a violent marriage, became a single mom, a homeless mom, a mom who couldn’t afford childcare and brought her kids to class with her.”

“By the grace of God, I didn’t let that stop me,” Lee said over a soundtrack of loudening applause. “And even though there are no African American women in the U.S. Senate, we won’t let that stop us either. Because when you stand on the side of justice, you don’t quit when they give you a seat at the table. You bring a folding chair for everyone, and they’re here to stay.”

A week earlier, Lee, a 12-term member of the U.S. House of Representatives who is known for her progressive politics, filed the required paperwork with the Federal Election Commission to be a candidate in the 2024 race.

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“It has been an immense honor to serve alongside Senator Dianne Feinstein, the longest-serving woman senator in our nation’s history,” Lee said in a statement after Feinstein’s announcement. “For over two decades, we’ve worked closely together to represent the best interests of our great state of California; create an economy that works for all; and advance justice and equity.”

“The progress we’ve made in the fight for equity can be seen in the Senator’s tenure itself: when she was elected in ’92, there were just two women senators. Today, there are 25,” Lee said, continuing her homage to Feinstein.

If Lee wins, she will be the only Black woman serving in the U.S. Senate. Just two Black women, Vice President Kamala Harris and former Illinois Senator Carol Moseley Braun, have served in the upper house of the United States Congress in the body’s 230-year history.

“As one of the most liberal states in the nation, we must continue to send an independent voice who will be diverse in their perspective and positions,” said Kellie Todd-Griffin, founding convener of the California Black Women’s Collective, a statewide organization whose membership includes women representing various professional backgrounds.

“That is Congressmember Barbara Lee. She speaks for all of us,” added Griffin.

In 2020, after Kamala Harris became vice president, Black women advocates across California called on Gov. Gavin Newsom to appoint a Black woman to replace her. They made the case that there would be no other Black woman in the Senate after Harris left, and that Black women are the most loyal, most powerful, and  most consistent voting bloc in the Democratic Party.

Instead, Newsom appointed Sen. Alex Padilla, the first Latino from California to serve in the U.S. Senate. Although Black political advocates and Black leaders in the California Democratic Party eventually embraced Padilla’s nomination, many felt Newsom’s decision to not appoint a Black woman to replace Harris was a slap in the face.

“That is a terrible loss for America. That is our seat,” said Amelia Ashley Ward, publisher of the San Francisco Sun-Reporter, after Padilla was nominated. “It was won by an African American woman, and she had hundreds of thousands of African American women working hard with her, holding her up, standing behind her to win that seat.”

Lee, 76, will be competing for Feinstein’s Senate seat against two other Democratic members of California’s delegation to the U.S. House of Representatives: Katie Porter (D-CA-47), 49, and Adam Schiff (D-CA-30), 62.

Both Porter and Schiff, like Lee, have progressive voting records. Both Democratic competitors have already amassed tens of millions of dollars, respectively, in campaign donations. Their early fundraising places them in a stronger position than Lee to win the 2024 Democratic primary which will be held about a year from now.

In the U.S. House, Lee serves as co-chair of the Policy and Steering Committee. She is also a member of the Appropriations and Budget committees. She is former chair of the Congressional Black Caucus and chair emeritus of the Congressional Progressive Caucus.

Lee has also been hailed by her Democratic colleagues as the only member of Congress who had the courage to vote against the use of force in Iraq after the Sept. 11, 2001, attacks.

As a young activist, Lee was a volunteer for the 1973 Oakland mayoral campaign of Black founder co-founder Bobby Seale.

Griffin says for Black women particularly, and for African Americans in general, it is important to have representation in the United States Senate.

“Congressmember Lee has been a progressive leader whose record demonstrates she will fight to solve the issues that impact our community.

She has effectively served California by advancing meaningful policy while standing up for the things that matter to everyday citizens,” said Griffin.