June 30, 2023

Statement on S.C.O.T.U.S. Decision on Affirmative Action

To the Black Student Alliance and the UVA Community,

Yesterday, the U.S. Supreme Court released its decision to eliminate race-conscious admissions in
higher education, thereby reversing 40 years of legal precedent relied upon by thousands of
institutions around the nation to make their communities more equitable and diverse. We as the Black
Student Alliance at the University of Virginia, a coalition of students concerned for and dedicated to
improving the experience of the Black community present and future, are outraged by this decision
and the implications it has on underrepresented students of all backgrounds. As a community, we
cannot afford to remain silent about our concerns over this appalling reversal, nor do we intend to.

This decision was delivered under the ruling that the consideration of race in student admissions is in
direct violation of the equal rights clause of the 14th Amendment and therefore provides an unlawful
advantage for applicants from minority racial backgrounds. This ruling makes it clear that the
majority of the Supreme Court does not have a thorough understanding of the nuanced difference
between equality and equity. In an effort to make the application process more “equal,” we have lost
any precedent of equity in the admissions process. Race-conscious admissions take into account the
historical and systemic disadvantages that numerous communities have experienced and continue to
experience to this day. Disadvantages can permeate every aspect of our lives from the jobs that we
are able to obtain, the quality of our healthcare, and even before today, the places at which we were
able to receive an education. By critically considering how these barriers have affected their access to
opportunities and individual success, affirmative action has created a pathway for rectifying
inequities that have persisted for far too long. Incorporating these necessary considerations into
discussions of admissions decisions ensures that the social and systemic implications of identifying
with a historically marginalized population are considered holistically.

We also feel it vital to express our disappointment and hold Justice Clarence Thomas, a Black justice
of the Supreme Court who ruled in favor of this reversal, accountable for both his actions and impact.
Justice Thomas shared his concurring opinion with the decision in which he made the comparison of
affirmative action to “government-imposed racism.” Although he claims to understand the
institutional impact of being Black in America, he still remains a loud proponent of color-blind
Constitutional interpretation. It is beyond disheartening to see members of our community, especially
those who have themselves benefited from affirmative action, use these opportunities to severely
limit the same access for generations of marginalized students to come.

The immediate consequences of this decision are clear: undercutting diversity in our academic spaces
deprives students of enriching educational experiences that prepare them for real-world realities.
 June 30, 2023
Exposure to diversity fosters skills such as critical thinking, empathy, and cultural competence, all
skills highly desired by employers and important for the development of successful professionals.

The Black Student Alliance calls on President Jim Ryan and the Executive Vice President and
Provost, Ian Baucom, as well as all of UVA’s administrators and leaders to keep their promise to
continue promoting a diverse student body. Affirmative action was a band-aid solution to a gaping
issue of achieving equitable access to higher education. Now that the band-aid has been ripped off,
we as a concerned student body are relying on all of you to continue to find new ways to ensure our
University is doing everything possible to make our classrooms reflect the world that our students
enter from and return to after their time at UVA.

It is imperative to recognize that with or without affirmative action, every Black student has earned
their place at this University. Not due to a quota, but due to their brilliance and resilience as
individuals, you each create and contribute to a flourishing community in a space that was neither
designed nor intended for us to exist in.

To all current and future Black students, we implore you to remember: Black is beautiful. In your
Black identity is strength and a powerful story of resilience, perseverance, and determination to
achieve far beyond the societal expectations of those who do not wish you to succeed. Do not let this
egregious step back in our nation’s history sway you from sharing your stories and experiences
because they are crucial in changing these institutions.

Further, we encourage all members of our community to not only support the organizations that
champion social justice and equal opportunity but to also help foster a sense of community within
our school. By coming together, we can be a powerful force in advocating for change, ensuring that
our institutions remain spaces where diversity thrives and the voices of the marginalized are heard.
During times of fear and uncertainty, it is crucial that we wrap our arms around one another—in
solidarity, we hold our strength. Thus, we call upon all students, faculty, and staff to continue
supporting initiatives that promote true diversity, equity, and inclusion within our institutions. Now,
more than ever, we must demonstrate our resilience and commitment to justice. We will not falter
under the pressures of systemic injustice. Together, we will make it through.

In Power,

The Black Student Alliance