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Panel Discusses Supreme Court Case Threatening End of Affirmative Action

On Oct. 31, SCOTUS listened to oral arguments in two cases challenging race-conscious student admissions policies used by Harvard University and the University of North Carolina (UNC) to promote creating diverse student populations at their schools. The case emerged in 2014, when SFFA, a nonprofit advocacy organization opposed to affirmative action, brought an action alleging Harvard violated Title VI of the Civil Rights Act (Title VI).

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On Oct. 31, SCOTUS listened to oral arguments in two cases challenging race-conscious student admissions policies used by Harvard University and the University of North Carolina (UNC) to promote creating diverse student populations at their schools. The case emerged in 2014, when SFFA, a nonprofit advocacy organization opposed to affirmative action, brought an action alleging Harvard violated Title VI of the Civil Rights Act (Title VI).
“(Ending Affirmative Action) essentially, completely upends our ability to level the playing field and remediate for centuries of discrimination and marginalization,” said panelist Lisa Holder, an attorney and president of Equal Justice Society (EJS).

By Antonio Ray Harvey | California Black Media

A webinar hosted by ChangeLawyers, the American Constitution Society (ACS) Bay Area, and Equal Justice Society was held Nov. 15 to discuss the possible outcomes of the pending decision by the Supreme Court of the United States (SCOTUS) in the case of Students for Fair Admissions (SFFA) v. Harvard.

The online event titled, “The End of Affirmative Action: How SCOTUS Is Coming After BIPOC Students” delved into the impact of banning the consideration of race as a factor during the college admissions process.

Black, Indigenous, and People of Color (BIPOC) students would be affected by such a ruling, said panelist Lisa Holder, an attorney and president of Equal Justice Society (EJS). EJS is an Oakland-based nonprofit and civil rights organization that does work geared toward transforming the nation’s consciousness on race through law, social sciences, and the arts.

“(Ending Affirmative Action) essentially, completely upends our ability to level the playing field and remediate for centuries of discrimination and marginalization,” said Holder. “If you do not have intervention and take affirmative steps to counteract continued systemic racism, it’s going to take hundreds of years to repair those gaps. It will not happen by itself.”

Holder is also a member of the California Task Force to Study and Develop Reparation Proposals for African Americans, a nine-member panel established after Gov. Gavin Newsom signed Assembly Bill 3121, authored by then-Assemblymember Shirley Weber. The task force is investigating the history and costs of slavery in California and is charged with recommending an appropriate remedy for the state to implement.

Also participating on the End of Affirmative Action panel were Sally Chen, education equity program manager at Chinese for Affirmative Action, and Sarah C. Zearfoss, senior assistant dean for the University of Michigan Law School.

Shilpa Ram — senior staff attorney for Education Equity, Public Advocates and a board member of the ACS Bay Area Lawyer Chapter — was the moderator.

On Oct. 31, SCOTUS listened to oral arguments in two cases challenging race-conscious student admissions policies used by Harvard University and the University of North Carolina (UNC) to promote creating diverse student populations at their schools.

The case emerged in 2014, when SFFA, a nonprofit advocacy organization opposed to affirmative action, brought an action alleging Harvard violated Title VI of the Civil Rights Act (Title VI).

SFFA argues that Harvard instituted a race-conscious admissions program that discriminated against Asian American applicants. SFFA also alleges that UNC is violating the Equal Protection Clause of the 14th Amendment, by unfairly using race to provide preference to underrepresented minority applicants to the detriment of white and Asian American applicants.

Chen, of Chinese for Affirmative Action, is a first-generation college graduate from a working-class immigrant family. She is an alumna of Harvard College. She was one of eight students and alumni that gave oral testimony in support of affirmative action in the 2018 federal lawsuit Students for Fair Admissions, Inc. v. Harvard.

“Particularly as these cases were taking advantage of a claim that Asian American students don’t benefit from Affirmative Action or are harmed; we really saw how this was a misrepresentation of our community needs,” Chen said of hers and seven other students’ testimonies. “My testimony really spoke to that direct experience and making clear that Asian American students and communities are in support of affirmative action.”

In 1965, President Lyndon B. Johnson issued Executive Order 11246, requiring all government contractors and subcontractors to take affirmative action to expand job opportunities for minorities.

Fifty-seven years later, a decision by SCOTUS could be reached at the end of the current term in late June or early July 2023 banning affirmative action. The decision would dismantle race-conscious admission policies that overwhelmingly help BIPOC students create a better future for themselves, members of the panel stated.

“Schools take race into account as a factor in admission because that is the single-best, most effective way to create a racially diverse class,” Zearfoss said.

Zearfoss directs the University of Michigan Law School Jurist Doctorate (JD) and Master of Law (LLM) admissions and supervises the Office of Financial Aid.

California ended affirmative action policies in 1996 with the passage of Proposition 209.

Prop 209 states that the government and public institutions cannot discriminate against or grant preferential treatment to persons based on race in public employment, public education, and public contracting.

Proposition 16 was a constitutional amendment designed to repeal Prop 209, but the initiative was defeated by voters in 2020. Secretary of State Dr. Shirley Weber introduced the legislation that was the basis for Prop 16 when she was a state Assemblymember for the 79th District.

“When we no longer live in a white supremacist society then we can start thinking about ending these interventions that are necessary to counteract preferences for white people that exist and continue to exist,” Holder said.

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Activism

Oakland Post: Week of June 12-18, 2024

The printed Weekly Edition of the Oakland Post: Week of June 12-18, 2024

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ICAC Invites Community to Benefit from Safe Car Park Program

The Interfaith Council of Alameda County (ICAC) will hold a meeting to announce a faith-based expansion of overnight safe car parking for unhoused families on Thursday, June 13, 2024, from 1-2 p.m. at Williams Chapel Baptist Church located at 1410 10th Avenue in Oakland. The ICAC President, Rev. Ken Chambers, announced that Williams Chapel, pastored by Rev. Kenneth Anderson, and members of ICAC, has also planned to open an overnight safe car parking program and day center to provide unhoused neighbors and families with wrap-around services.

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Chambers said, "ICAC's goal is to just serve Oakland by helping to make the community surrounding 10th Avenue and International Boulevard both welcoming and safe."
Chambers said, "ICAC's goal is to just serve Oakland by helping to make the community surrounding 10th Avenue and International Boulevard both welcoming and safe."

by Post Staff

The Interfaith Council of Alameda County (ICAC) will hold a meeting to announce a faith-based expansion of overnight safe car parking for unhoused families on Thursday, June 13, 2024, from 1-2 p.m. at Williams Chapel Baptist Church located at 1410 10th Avenue in Oakland.

The ICAC President, Rev. Ken Chambers, announced that Williams Chapel, pastored by Rev. Kenneth Anderson, and members of ICAC, has also planned to open an overnight safe car parking program and day center to provide unhoused neighbors and families with wrap-around services.

Rev. Chambers said additional support for the program will also come from Bishop Bob Jackson, Pastor of Acts Full Gospel Church and Pastor Phyllis Scott, head of the Oakland Police Chaplaincy Program.

Chambers said, “ICAC’s goal is to just serve Oakland by helping to make the community surrounding 10th Avenue and International Boulevard both welcoming and safe.”

David Longhurst, a member of Oakland Temple LDS Church and an ICAC board member, said

“We can make the city of Oakland safer, one block at a time, by connecting our community and neighbors.”

Chambers said ICAC has a $450,000 grant commitment from the City of Oakland and a $2.5M grant request has been presented to Nate Miley, President of the Alameda County Board of Supervisors President Nate Miley to cover and expand ICAC’s Safe Car Park Program located at West Side Missionary Baptist Church to additional locations including Center Street Baptist Church, Taylor Memorial United Methodist Church, Corinthians Baptist Church, Allen Temple Baptist Church, Acts Full Gospel Church, and other congregations.

Dr. Ken Chambers said he and ICAC are assisting congregations on how to receive a one-time $5,000 grant. “ICAC has plans for several tiny homes with kitchens, living space and bathrooms that we hope will become available this fall in partnership with the State, County and City of Oakland.”

Chambers is appealing to the public to help with transitioning the unhoused populations into tiny homes or affordable housing. “If you or anyone you know is living out of a car and needs a safe place to park overnight, visit interfaithAC.org, call 510-239-6681, or stop by the ICAC hub at 732 Willow Street, Oakland, CA 94607 between the hours of 7 p.m. – 9 p.m.”

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Calif. Leaders Discuss Foster Care Reform Strategies for Black and Brown Youth

Before becoming a nationally recognized social justice leader and a member of California’s Mandated Reporting Taskforce, Shane Harris spent 13 years as a foster care youth after he lost both of his parents. As President of the national civil rights organization, People’s Association of Justice Advocates (PAJA), he’s aiming to solve some of the toughest challenges Black and Brown children in the foster care system face.

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Shane Harris, PAJA President and member of the California Mandated Reporting Taskforce (center) with Hafsa Kaka, Senior Advisor on Homelessness to Governor Gavin Newsom and Dr. Janet Kelly, Founder & Director of Sanctuary of Hope LA (far right) (Lila Brown CBM)
Shane Harris, PAJA President and member of the California Mandated Reporting Taskforce (center) with Hafsa Kaka, Senior Advisor on Homelessness to Governor Gavin Newsom and Dr. Janet Kelly, Founder & Director of Sanctuary of Hope LA (far right) (Lila Brown CBM)

By Lila Brown, California Black Media  

 Before becoming a nationally recognized social justice leader and a member of California’s Mandated Reporting Taskforce, Shane Harris spent 13 years as a foster care youth after he lost both of his parents. As President of the national civil rights organization, People’s Association of Justice Advocates (PAJA), he’s aiming to solve some of the toughest challenges Black and Brown children in the foster care system face.

During National Foster Care Month in May, Harris visited the Sanctuary of Hope in Los Angeles to host a roundtable meeting with current and former foster youth, many of whom, like Harris, have beat the odds and become successful professionals.

According to the federal government’s Adoption and Foster Care Analysis and Reporting System, there are nearly 370,000 American children and youth in foster care.

Nationally, Black children are overrepresented in foster care. According to datacenter.kidscount.org, Black children represented 14% of the total child population in the United States. However, they represented 23% of all children in foster care. Harris pointed out that one out of every four foster youth go homeless upon exiting foster care in California. Across the state, there are nearly 65,000 children in foster care, he added. Of the 65,000 children in foster care across California, 14,000 of them are Black American.

Harris also announced a new effort already underway to push for the removal of the term “case” in L.A. County when referring to foster youth during the roundtable which featured Hafsa Kaka, Senior Advisor to Gov. Gavin Newsom and Janet Kelly, the Founder and Director of Sanctuary of Hope. The session focused on solving problems foster youth face.

Sharing personal stories, insights, and various visions for policy changes, the participants discussed numerous solutions and addressed specific concerns about ongoing challenges with the foster care system.

One top priority was how to close the foster care to homelessness pipeline for the disproportionate number of Black and Brown children in LA County’s and the state’s foster care system.

“When you see the direct connection between the disproportionate rates of Black children in foster care and the disproportionate rates of Black people in the general homeless population, there is a very clear connection there in which our foster youth are coming out of care,” stated Harris during opening remarks.

Kaka said the governor has been intentional about making sure that foster children are homeless prioritized as the state addresses homelessness.

“This is a critical moment for foster care,” said Kaka. “The systems that are working together are looking at leveraging federal, state and local funds.”

Harris said he has already begun efforts in San Diego County to drop the word “case” when referring to homeless youth.

“We are asking for a 90-day public input period, in which the county CEO and leadership can facilitate discussions with the community on replacement terminology. There’s plenty of ideas,” Harris elaborated.

Kelly said a majority of the youth who go through the Sanctuary of Hope program are young people who have experienced some form of housing instability or housing crisis.

“The goal of the work that we do is really centered around helping young people leave here with leadership skills and other forms of what we call protective factors in order for them to continue on with their stabilization journey and become loving, caring and active citizens in this world,” Kelly said.

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