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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.

Activism

The Ladies of Delta Sigma Theta Hold Day of Advocacy at the Capitol in Sacramento

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

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Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.
Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.

By Antonio Ray Harvey, California Black Media

On May 4, members of the Farwest Region of Delta Sigma Theta Sorority, Inc., convened at the California State Capitol for the organization’s 23rd annual Delta Days in Sacramento.

The two-day advocacy event brings together chapters from across California to engage directly in the legislative process, connect with lawmakers, and advocate for policies impacting Black communities.

Members of the sorority were honored on the Senate floor by Sen. Laura Richardson (D-San Pedro), who is also a member of Delta Sigma Theta.

Richardson welcomed the Farwest Region during the presentation of a Senate resolution recognizing outgoing Regional Director Kimberly Usher for her leadership and service.

“In addition to the Far West Region, we are led by a fearless leader, regional director Kimberly Usher. She has now served her full term of what’s allowed,” Richardson said. “We are going to be having our regional conference, but we wanted to give it to her here, officially recognizing her service.”

The resolution was co-authored by Richardson and fellow members of the California Legislative Black Caucus (CLBC) and Delta Sigma Theta, Sen. Akilah Weber Pierson (D-San Diego) and Assemblymember Rhodesia Ransom (D-Stockton).

Usher has served in the leadership role since 2022.

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

“We are founded on sisterhood that is deeply rooted in scholarship, service, and social action,” said Weber Pierson, a member of the Gamma Alpha chapter of Delta Sigma Theta Sorority.

“Today, we continue a legacy of empowering communities and upholding the high cultural, intellectual, and moral standards established by our founders over a century ago,” she added.

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Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

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Activism

OPINION: The Fire of Oakland’s Justin Jones

Jones made headlines three years ago when he was one of a pair of Justins. Along with fellow State Rep. Justin Pearson (D-Memphis), he fought their removal from the state house in Tennessee and won reinstatement. Now, Pearson is running for Congress and Jones is still fighting for all of us.

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Tennessee State Rep. Justin Jones (D-Nashville). File photo.
Tennessee State Rep. Justin Jones (D-Nashville). File photo.

By Emil Amok Guillermo

You may know Tennessee State Rep. Justin Jones (D-Nashville).

He grew up in Oakland and the East Bay. His mother is Filipino. You can tell by his full name Justin Shea Bautista Jones.

His father is African American.

He is fighting for all of us.

Jones made headlines three years ago when he was one of a pair of Justins. Along with fellow State Rep. Justin Pearson (D-Memphis), he fought their removal from the state house in Tennessee and won reinstatement.

Now, Pearson is running for Congress and Jones is still fighting for all of us.

The recent 6-3 Supreme Court decision barring the use of race in drawing congressional districts marks a major turning point in U.S. history.

The decision took away the Voting Rights Act’s power to assure minority voices were both heard and represented.

“What we’re seeing now is this new Jim Crow system in which Black and Brown communities are without voice in our political process,” he told Fredricka Whitfield on CNN last weekend.

“That’s a canary in the coal mine for the rest of the nation. If they come for one of us, they’re coming for all of us, and some of my message to America is that the South is the front line of democracy,” Jones said. “They are dismantling multi-racial democracy here in the South, in states like Tennessee and Louisiana. But they aren’t going to stop here.”

That’s why Jones said we have to start paying attention to the South, and start helping them fight back there,” he said.

“I want to be clear that this terror, this type of system they’re enacting, are the same systems my grandparents told me about who grew up in Tennessee, a system where people like me couldn’t even be in political office. That’s the time they’re bringing us back to and I’m not sounding the alarm to be alarmist. But I am sounding it because we’ve seen this before in our history.”

Jones talked about Reconstruction and about what happened between the end of the 1800s and the beginning of the 1960s, when there was no Black political representation.

It’s a rebellion to keep our democracy going forward, he said.

“Stand with us and help us fight back against this extremist power grab — this racist power grab against our vision of a multi-racial democracy,” Jones added.

“While there is a litigation strategy, it’s important to maintain what he called a “movement strategy” that leads to the largest voter mobilization and registration that has ever been seen in the South,” he encouraged.

In 2026.

“Tennessee is an oppressed state,” Jones said. “It’s a state where one in five Black voters can’t vote because of felony disenfranchisement. It is where you can use a gun permit to vote, but you can’t use a student ID card to vote.

That’s the Asian American African American voice of Justin Jones.

Read his words for inspiration.

About the Author

Emil Guillermo is a veteran journalist, commentator, and comic stage monologist. His new show “69, Emil Amok: Anchorman—The News Made Me Do It,” is at the San Diego Fringe at New Destiny/Lincoln Park, 4931 Logan Ave. Ste. 102. May 14-23, at various times. Get tickets here.

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