Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/160

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Cite as: 600 U. S. ____ (2023)
21

Sotomayor, J., dissenting

2382, 2416 (2021) (“[E]ducational opportunities … allow for social mobility, better life outcomes, and the ability to participate equally in the social and economic life of the democracy”). Stark racial disparities exist, for example, in unemployment rates,[1] income levels,[2] wealth and homeownership,[3] and healthcare access.[4] See also Schuette v. BAMN, 572 U. S. 291, 380–381 (2014) (Sotomayor, J., dissenting) (noting the “persistent racial inequality in society”); Gratz, 539 U. S., at 299–301 (Ginsburg, J., dissenting) (cataloging racial disparities in employment, poverty, healthcare, housing, consumer transactions, and education).

Put simply, society remains “inherently unequal.” Brown, 347 U. S., at 495. Racial inequality runs deep to this very day. That is particularly true in education, the “ ‘most vital civic institution for the preservation of a democratic system of government.’ ” Plyler v. Doe, 457 U. S. 202, 221, 223 (1982). As I have explained before, only with eyes open to this reality can the Court “carry out the guarantee of equal protection.” Schuette, 572 U. S., at 381 (dissenting opinion).

2

Both UNC and Harvard have sordid legacies of racial exclusion. Because “[c]ontext matters” when reviewing race-conscious college admissions programs, Grutter, 539 U. S.,


  1. ProQuest Statistical Abstract of the United States: 2023, p. 402 (Table 622) (noting Black and Latino adults are more likely to be unemployed).
  2. Id., at 173 (Table 259).
  3. A. McCargo & J. Choi, Closing the Gaps: Building Black Wealth Through Homeownership (2020) (fig. 1).
  4. Dept. of Commerce, Census Bureau, Health Insurance Coverage in the United States: 2021, p. 9 (fig. 5); id., at 29 (Table C–1), https://www.census.gov/library/publications/2022/demo/p60-278.html (noting racial minorities, particularly Latinos, are less likely to have health insurance coverage).