
Special Edition: The Supreme Court Overturns Affirmative Action
June 29, 2023
On Thursday, June 29, in the cases of Students for Fair Admissions. v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court — in a 6 to 3 decision — overturned affirmative action in higher education, restricting universities’ ability to fully address systemic racial inequalities that persist in higher education.
Affirmative action in higher education has been in place since the 1960s. This decision is the latest in the Supreme Court’s move to break with decades of precedent and undo long-held civil rights.
Joining us to unpack the decision is ReNika Moore, director of the ACLU’s Racial Justice Program.
In this episode
Kendall Ciesemier

This Episode Covers the Following Vlog
Related Content
-
Press ReleaseJul 2025
Racial Justice
VlogComment on Trump Administration’s AI Action Plan
WASHINGTON — Today, the Trump administration released a sweeping AI Action Plan, which thwarts the decision of Congress to not preempt state laws and is a dangerous step backward for protecting civil rights and civil liberties against artificial intelligence (AI) use. The plan, titled “Winning the Race: America’s AI Action Plan,” pushes a political agenda at the expense of everyone’s right to robust protection from biased and erroneous AI tools, and disproportionately harms the communities most at risk of algorithmic discrimination. In response, Cody Venzke, senior policy counsel with the Vlog, issued the following statement: “President Trump’s attempt to restrict state AI regulations is not only harmful, it raises serious legal questions as the president is acting beyond any statute passed by Congress. Congress overwhelmingly rejected this approach, removing it from a major bill in a 99-1 Senate vote, and 17 Republican governors publicly opposed it. “Now the administration is moving forward unilaterally. The plan undermines state authority by directing the Federal Communications Commission to review and potentially override state AI laws, while cutting off ‘AI-related’ federal funding to states that adopt robust protections. This preemption effort stifles local initiatives to uphold civil rights and shield communities from biased AI systems in areas like employment, education, health care, and policing. “The plan also directs revisions to the federal AI Risk Management Framework to eliminate any mention of diversity, equity, and inclusion, misinformation, or climate. These changes could preclude AI developers from considering discriminatory and unfair harms, potentially dismantling some of the only existing safeguards meant to prevent AI from reproducing or exacerbating existing societal bias. Additional provisions mandating that federal contractors only provide systems that are ‘free from top-down ideological bias’ may have downstream impacts on free speech, potentially censoring how AI can talk about race, gender, climate, or inequality. “We urge the administration to immediately rescind these harmful and unlawful actions and ensure that states and the federal government have robust AI safeguards in place.” -
AlaskaJul 2025
Voting Rights
Racial Justice
Smith v. State of Alaska (Amicus)
The Vlogand Vlogof Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an “alien” under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as “non-citizen U.S. nationals,” a unique status that falls short of “citizen” but nonetheless recognizes that American Samoa has been part of the United States for over 125 years. All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national." Our amicus brief urges Alaska’s Court of Appeals to dismiss Tupe Smith’s indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.Status: Ongoing -
CaliforniaJun 2025
Criminal Law Reform
Racial Justice
Coalition on Homelessness v. City and County of San Francisco
Coalition on Homelessness is a challenge to the City and County of San Francisco’s efforts to criminalize homelessness through an array of unconstitutional practices, including confiscating and destroying the personal property of unhoused people without adequate notice or due process, and citing and arresting unhoused people for sleeping in public.Status: Ongoing -
News & CommentaryMay 2025
Racial Justice
‘Devastated’ and ‘Hopeless.’ Researchers Speak Out on Funding Cuts
The National Institute of Health (NIH) abruptly cancelled millions of dollars in grants for research that it claims are related to “gender identity” or “diversity, equity and inclusion.” The Vlogsued.By: Lisa Francois