--- title: Read Dissents in the Supreme Court Affirmative Action Case description: Justices Sonia Sotomayor and Ketanji Brown Jackson wrote scathing dissents as the Supreme Court restricted race-based affirmative action. canonical: https://time.com/6291230/affirmative-action-dissent-jackson-sotomayor/ author: Olivia B. Waxman article:opinion: false article:content_tier: free article:published_time: 2023-06-29T17:19:10.000Z article:modified_time: 2026-10-19T07:24:52.199Z article:section: Politics og:title: Read Justice Sotomayor and Jackson's Dissents in the Affirmative Action Case og:description: "The devastating impact of this decision cannot be overstated,” Sotomayor wrote. og:url: https://time.com/6291230/affirmative-action-dissent-jackson-sotomayor/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf8a657c16e2e39e8/698a3e434ee262b4a431b843/GettyImages-1431388803.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: The U.S. Supreme Court Poses For Official Group Photo og:type: article twitter:card: summary_large_image twitter:title: Read Justice Sotomayor and Jackson's Dissents in the Affirmative Action Case twitter:description: "The devastating impact of this decision cannot be overstated,” Sotomayor wrote. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf8a657c16e2e39e8/698a3e434ee262b4a431b843/GettyImages-1431388803.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 video:duration: 03:26 video:published: 2023-06-29 section: politics topics: affirmative action, college admissions, Supreme Court ruling, racial diversity, equal opportunity, discrimination, overcoming adversity, military diversity genre: speech, news tones: critical, hopeful, determined, measured emotions: disappointment (high), determination (high), hope (medium) sentiment: negative audience: voters, students, educators, policymakers, general public people: Joe Biden organizations: Supreme Court of the United States, United States military content_suitability: politics [00:00-03:26]; hate [03:03-03:13] transcript_source: publisher captions transcript_reviewed: not applicable ---  # Read Justice Sotomayor and Jackson's Dissents in the Affirmative Action Case > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. Senior correspondent Philip Elliott brings sharp context to the issues driving the capital, connecting the decisions made in Washington to the institutions, industries and people they affect. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=a25537c9-f296-4eff-b603-9ce0773e219e&cr=time-nl-dcbrief-2026q3-v1) ## Video: Biden Slams Supreme Court Ruling Against Race-Based Affirmative Action [Watch (HLS stream): Biden Slams Supreme Court Ruling Against Race-Based Affirmative Action](https://cdn.jwplayer.com/manifests/eb8LXIhN.m3u8) (3:26)  _Published 2023-06-29. The Supreme Court of the United States just limited the ability of universities to consider an applicant’s race and ethnicity in admissions. The cases—Students for Fair Admissions v. Harvard University and Students for Fair Admissions (SFFA) v. University of North Carolina—struck a blow to race-conscious affirmative action programs that have been crucial in providing talented students of color access to highly selective public and private institutions._ Description, summary, key points, chapters, key quotes, questions and transcript, where present, were produced automatically from the video or its captions and were not reviewed. ## Summary President Biden responds to a Supreme Court decision that effectively ends race-conscious affirmative action in college admissions. He disagrees with the ruling, argues that qualified students are still required and that race is one factor among others, and says diversity strengthens colleges and the nation. He calls for a new path forward consistent with the law that protects diversity and expands opportunity. ## Key points - The court has effectively ended affirmative action in college admissions, which Biden strongly disagrees with. (00:20) - Biden says many people wrongly believe affirmative action allows unqualified students to be admitted. (00:27) - Colleges set standards, and every student must meet them before other factors such as race are considered. (00:40) - Biden argues the U.S. military shows diversity makes an institution better, stronger, and safer. (01:08) - Biden says colleges are stronger when racially diverse and the nation benefits from tapping the full range of talents. (01:35) - Biden says the court's decision cannot change what America stands for. (01:55) - Biden proposed that colleges may consider the adversity an applicant has overcome when selecting among qualified applicants. (02:51) - Biden says discrimination still exists in America and today's decision does not change that. (03:03) ## Chapters - [00:00 to 00:20] Biden's reaction to the Supreme Court ruling. Biden criticizes the court for walking away from precedent and cites a statement about the decision's effects. - [00:20 to 00:40] Ending affirmative action and misconceptions. Biden says the court effectively ended affirmative action and rejects the idea that it admits unqualified students. - [00:40 to 01:08] How college admissions standards work. Biden explains that qualifications come first and race and other factors are considered afterward. - [01:08 to 01:50] Diversity's benefits for schools and the nation. Biden uses the military as an example and argues diversity strengthens colleges and the country. - [01:50 to 02:25] Opportunity and America's founding ideals. Biden says the decision cannot change America's ideals of opportunity and giving everyone a fair shot. - [02:25 to 03:00] Proposing a new path forward. Biden calls for a legal path protecting diversity and expanding opportunity, including considering overcome adversity. - [03:00 to 03:26] Discrimination and overcoming adversity. Biden states discrimination still exists and that students who overcame adversity should be recognized. ## Key quotes - [00:20] Joe Biden: "The court has effectively ended affirmative action in college" - [00:40] Joe Biden: "Rather colleges set out standards for the mission and every" - [01:35] Joe Biden: "I believe our colleges are stronger." - [01:55] Joe Biden: "It cannot change what America stands for." - [03:03] Joe Biden: "discrimination still exists in America" ## Questions this video answers - What did the Supreme Court decision do regarding affirmative action in college admissions? [00:20] - Does affirmative action allow unqualified students to be admitted, according to Biden? [00:27] - How do colleges consider race and other factors in admissions? [00:40] - Why does Biden believe diversity benefits colleges and the nation? [01:35] - What new approach does Biden propose after the ruling? [02:25] - What does Biden say about discrimination and the ruling's effect on it? [03:03] ## Content suitability - politics [00:00-03:26]: Entire video is a political response to a Supreme Court ruling on race-based admissions. - hate [03:03-03:13]: References to discrimination in America, a sensitive social topic.  by [Olivia B. Waxman](https://time.com/author/olivia-b-waxman/)  ## Olivia B. Waxman Staff Writer Jun 29, 2023 5:19 PM UTC The Supreme Court of the United States just limited the ability of universities to consider an applicant’s race and ethnicity in admissions. The cases—Students for Fair Admissions v. Harvard University and Students for Fair Admissions (SFFA) v. University of North Carolina—struck a blow to race-conscious affirmative action programs that have been crucial in providing talented students of color access to highly selective public and private institutions.  by [Olivia B. Waxman](https://time.com/author/olivia-b-waxman/)  ## Olivia B. Waxman Staff Writer Jun 29, 2023 5:19 PM UTC In a 6-3 ruling, the U.S. Supreme Court’s conservative majority said that admissions policies that [consider race as a factor are unconstitutional](https://time.com/6291182/affirmative-action-supreme-court-decision-overturns/), overturning about 45 years of precedent. At issue was whether Harvard University discriminated against Asian American applicants in its admissions process, and whether the University of North Carolina at Chapel Hill gave preference to Black, Hispanic, and Native American applicants over white and Asian applicants. Conservative activist[ Edward Blum](https://time.com/6225372/edward-blum-affirmative-action-supreme-court-interview/) brought the cases on behalf of Students for Fair Admissions. “Many universities have for too long wrongly concluded that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin,” Chief Justice John Roberts wrote in the majority opinion. “This Nation’s constitutional history does not tolerate that choice.” Sonia Sotomayor, the first Latina Supreme Court Justice and a vocal proponent of race-based affirmative action, wrote the dissenting opinion joined by the court’s two other liberal justices. [Ketanji Brown Jackson](https://time.com/collection/100-most-influential-people-2022/6177680/ketanji-brown-jackson/), the court’s newest and first Black female justice, recused herself from the Harvard case because she has served on the university’s Board of Overseers, but issued a separate scathing dissenting opinion in the North Carolina case. “The devastating impact of this decision cannot be overstated,” Sotomayor wrote. Below are several highlights from Sotomayor and Jackson’s dissenting opinions. You can read the full text of the opinions [here.](https://www.supremecourt.gov/opinions/22pdf/20-1199%5Fhgdj.pdf) ## Sonia Sotomayor “Today, this Court stands in the way and rolls back decades of precedent and momentous progress.” “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.” “At its core, today’s decision exacerbates segregation and diminishes the inclusivity of our Nation’s institutions in service of superficial neutrality that promotes indifference to inequality and ignores the reality of race. ” “Today, this Court overrules decades of precedent and imposes a superficial rule of race blindness on the Nation.” “The majority’s vision of race neutrality will entrench racial segregation in higher education because racial inequality will persist so long as it is ignored.” “Despite the Court’s unjustified exercise of power, the opinion today will serve only to highlight the Court’s own impotence in the face of an America whose cries for equality resound.” ## Ketanji Brown Jackson “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.” “No one benefits from ignorance.” “The best that can be said of the majority’s perspective is that it proceeds (ostrich-like) from the hope that preventing consideration of race will end racism.” “The Court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom (a particularly awkward place to land, in light of the history the majority opts to ignore).” “The takeaway is that those who demand that no one think about race (a classic pink-elephant paradox) refuse to see, much less solve for, the elephant in the room— the race-linked disparities that continue to impede achievement of our great Nation’s full potential.” “It would be deeply unfortunate if the Equal Protection Clause actually demanded this perverse, ahistorical, and counterproductive outcome. To impose this result in that Clause’s name when it requires no such thing, and to thereby obstruct our collective progress toward the full realization of the Clause’s promise, is truly a tragedy for us all.” ## Transcript [00:00] Today, the court once again, walked away from Decades of precedent [00:03] and make as a descent is made clear to the Saint States, [00:08] decision, quote package of precedent and momentous progress. [00:15] And the quote, I agree with that statement from The Descendants [00:18] are from The Descent. [00:20] The court has effectively ended affirmative action in college [00:23] admissions. My strong strongly disagree with the Court's [00:27] decision. Many people wrongly believed that affirmative [00:30] action allows unqualified students unqualified students [00:34] to be admitted. [00:35] He had to qualify students. [00:36] This is not, this is not how College admissions work. [00:40] Rather colleges set out standards for the mission and every [00:45] student every student has to meet those standards then. [00:49] And only, then that's the first meeting the qualifications [00:51] required, by the school to college, for the other factors [00:55] in addition to their grades such as race. [00:58] I've always believed. [01:00] One of the greatest strengths of America you tired of hearing [01:02] me. Say it is our diversity. [01:03] But I believe that if you have any doubt about this, [01:07] just look at the United States military. [01:08] The finest fighting force in the history of the world. [01:12] It's been a model of diversity. [01:14] And is not only been Army donation, [01:17] better stronger, but safer. [01:19] I believe the same is true for schools. [01:21] I've always believed that the promise of America is big enough [01:24] for everyone to succeed and that every generation Americans [01:28] we have benefited by opening the doors of opportunity, [01:31] just a little bit wider to include those when I left behind. [01:35] I believe our colleges are stronger. [01:38] When they are racially diverse. [01:39] Our nation is stronger because we use will be because we are [01:43] tapping into the full range of talents Nation. [01:47] We cannot let this decision be the last word. [01:50] One of them. [01:51] We cannot let this decision be the last word. [01:53] All the court can render a decision. [01:55] It cannot change what America stands for. [01:58] America's an idea, an idea unique in the world. [02:02] My dear, hope and opportunity of possibilities. [02:06] I'm giving everyone a fair shot. [02:08] I'm leaving no one behind it. [02:11] Never fully lived up to it, but we've never walked away from [02:14] it either. We will not walk away from it. Now, [02:16] we should never allow the country to walk away from the [02:20] dream upon which it was found that opportunity is for everyone. [02:25] Not just a few, we need A New Path forward, [02:28] a path consistent with the law that protects diversity, [02:31] and expands opportunity, and should not have been as should [02:37] not have been in their commitment to ensure student bodies [02:39] of diverse backgrounds and experiences that reflect all of America. [02:45] When I proposed consideration is a newsstand or colleges [02:49] take into account, the adversity. [02:51] As soon as overcome When selecting among qualified applicants, [02:55] let's be clear to standard. [02:57] This is what's true under the earlier standard students, [03:00] first have to be qualified applicants because the truth is, [03:03] we all know it discrimination still exists in America discrimination [03:09] still exists in America discrimination still exists in America. [03:13] Today's decision does not change that. [03:16] So, simple fact, it was student has has, [03:20] overcome had to overcome adversity on their path, [03:23] education, should recognize in value that. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6291230/affirmative-action-dissent-jackson-sotomayor/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6291230/affirmative-action-dissent-jackson-sotomayor/"},"headline":"Read Justice Sotomayor and Jackson's Dissents in the Affirmative Action Case","datePublished":"2023-06-29T17:19:10.000Z","dateModified":"2026-10-19T07:24:52.199Z","description":"\"The devastating impact of this decision cannot be overstated,” Sotomayor wrote.","url":"https://time.com/6291230/affirmative-action-dissent-jackson-sotomayor/","keywords":["Supreme Court","News","uspoliticspolicy"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/bltf8a657c16e2e39e8/698a3e434ee262b4a431b843/GettyImages-1431388803.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Olivia B. 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