Sotomayor says the ruling entrenches racial inequality
Sonia SotomayorSupreme Court justice writing a dissent, joined by Kagan and by Jackson in the UNC case
Sotomayor argues that the decision undermines equal protection and worsens racial inequality in education.
“The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society. Because the Court’s opinion is not grounded in law or fact and contravenes the vision of equality embodied in the Fourteenth Amendment, I dissent.”
Original text
Original text
Where this statement fits
Was the Supreme Court right to reject Harvard and UNC's race-conscious admissions programs?
The Supreme Court invalidated Harvard's and UNC's challenged admissions programs on June 29, 2023. The majority said their use of race failed equal-protection requirements. The dissents argued that the decision misunderstood equality and would deepen racial inequality in education.
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Original text
About this source
The opening section identifies Sotomayor as the dissent's author and states her objection to the Court's ruling.
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About this source
The majority, concurrences and dissents address the challenged admissions programs. Jackson participates only in the UNC case.
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Sotomayor opens her dissent by arguing that limited race-conscious admissions advanced constitutional equality and promoted more inclusive schools.
After the quotation
Her dissent grounds that position in constitutional history and the continuing effects of unequal opportunity.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Sotomayor says the Court's decision entrenches racial inequality and lacks a basis in law or fact. She condemns the ruling examined in this case.
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More from this case
Read the full caseJackson says legal colorblindness does not remove real inequality
“But deeming race irrelevant in law does not make it so in life.”Read statement
Kavanaugh defends the admissions ruling through Grutter's time limit
“In light of the Constitution’s text, history, and precedent, the Court’s decision today appropriately respects and abides by Grutter’s explicit temporal limit on the use of race-based affirmative action in higher education.”Read statement
Supreme Court explains its rejection of Harvard and UNC's admissions programs
Supreme Court of the United States
“For the reasons provided above, the Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today.”Read statement
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The Dispute Index. "Sotomayor says the ruling entrenches racial inequality". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6076-sotomayor-argues-that-the-decision-undermines-equal-protection