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Cite as: 600 U. S. ____ (2023)
13

Jackson, J., dissenting

than White-owned small businesses, partly due to the disproportionate denial of the forgivable loans needed to survive the economic downturn.[1]

Health gaps track financial ones. When tested, Black children have blood lead levels that are twice the rate of White children—“irreversible” contamination working irremediable harm on developing brains.[2] Black (and Latino) children with heart conditions are more likely to die than their White counterparts.[3] Race-linked mortality-rate disparity has also persisted, and is highest among infants.[4]

So, too, for adults: Black men are twice as likely to die from prostate cancer as White men and have lower 5-year cancer survival rates.[5] Uterine cancer has spiked in recent years among all women—but has spiked highest for Black women, who die of uterine cancer at nearly twice the rate of “any other racial or ethnic group.”[6] Black mothers are up to four times more likely than White mothers to die as a result of childbirth.[7] And COVID killed Black Americans at higher rates than White Americans.[8]

“Across the board, Black Americans experience the highest rates of obesity, hypertension, maternal mortality, infant mortality, stroke, and asthma.”[9] These and other disparities—the predictable result of opportunity disparities—


  1. Dickerson 1102.
  2. Rothstein 230.
  3. Brief for Association of American Medical Colleges et al. as Amici Curiae 8 (AMC Brief).
  4. C. Caraballo et al., Excess Mortality and Years of Potential Life Lost Among the Black Population in the U. S., 1999–2020, 329 JAMA 1662, 1663, 1667 (May 16, 2023) (Caraballo).
  5. Bollinger & Stone 101.
  6. S. Whetstone et al., Health Disparities in Uterine Cancer: Report From the Uterine Cancer Evidence Review Conference, 139 Obstetrics & Gynecology 645, 647–648 (2022).
  7. AMC Brief 8–9.
  8. Bollinger & Stone 101; Caraballo 1663–1665, 1668.
  9. Bollinger & Stone 101 (footnotes omitted).