Opinion: The Supreme Court’s affirmative action ruling puts climate progress and leadership in peril

This radical reversal of social equity scaffolding poses a monumental challenge for environmental and climate justice.

As the world response to the climate crisis remains ‘pitiful,’ the Supreme Court of the United States (SCOTUS) has overturned affirmative action, representing the latest casualty to social equity and climate justice progress.


This win for white mediocrity, conjured-up grievances and structural racism granted by SCOTUS — an institution that seems to exist primarily to protect the rich and preserve unbridled capitalism, both of which co-constitute as the root cause of planetary destruction — is a huge loss for climate justice. SCOTUS is also an arguably fascist, undemocratic, deeply corrupt, pro-corporate (yes, including the liberal justices) and destructively neoliberal institution incompatible with modern democracy.

Radical reversal of social equity

This decision reverses the very modest movement, brought through affirmative action, toward racial equity in higher education in the United States. It bans consideration of race in college admissions, except when considering it to recruit racialized minorities as fodder for American imperial violence in the military (another destructive institution through its direct violence and outrageous climate contributions).

As Justice Ketanji Brown Jackson poetically puts in her dissent: “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.”

Of course, in yet another death of irony moment, the historical affirmative action for white people, which has been the core of this settler colonial nation through legacy admissions and donor affiliations, was unquestioned.

This radical reversal of social equity scaffolding poses a monumental challenge for environmental and climate justice, especially from a leadership perspective. Historically marginalized Black, Indigenous, and other people of color (BIPOC) communities face some of the biggest climate and environmental injustices across the social and structural determinants of health spectrum.

Despite overwhelmingly disproportionate racial and health inequities stemming from the climate crisis borne by BIPOC communities and repeated calls for diverse leadership in the environmental justice movement, the challenge of centering the voices of those at the margins in decision-making leadership capacity remains a stain on the environmental justice movement. For instance, BIPOC leaders represent only 20% of environmental organizational heads and constitute less than a quarter of their board memberships. These statistics are equally egregious within universities, including environmental health sciences and public health, where 80% of full professors are white compared with just 3% identifying as Black. Of course, it is critical to think about these challenges within the broader elitist context of academia, where nearly 80% of the faculty come from 20% of the elite institutions. For instance, at my alma mater and one of my current affiliations, Harvard University — an institution that defines the elite hubris, coloniality of knowledge and monopoly over knowledge systems — a shameful 1.2% of tenured faculty are those who identify as Black females (I believe the data was collected on sex and not gender). This is where we stood with affirmative action. Let that sink in. The SCOTUS decision is bound to make this exponentially worse.

Beyond diversity

Diversity, beyond performative checkboxes that only serve to placate liberal impulses without material changes, is not the outcome of affirmative action. It allows for a pluralistic worldview, leading to equitable policies and programs, inclusive decision-making and progress on our climate and environmental justice journey. Diversity is not a metaphorical aspiration. It is a material commitment of any egalitarian society committed to ensuring ‘Life, Liberty and the pursuit of Happiness’ for all its citizens — especially within the climate injustices context.

Platitudes and policy crumbs such as the ones served by the current administration remain grossly insufficient to meet the enormous challenges of racial equity and climate leadership, an issue the Biden administration has grossly fallen short of. Of course, solutions, with their pros and cons — some with many — exist, such as adversity scores, supporting HBCUs and learning from institutes where race-conscious decisions had been banned, among others. However, in this deregulatory ‘free-market’ fantasy, the onus is left on the individual higher education institutions: corporate entities interested in the bottom line with a storied history of being on the wrong side of history.

The time for cruel indifference, platitudes and the delusions of an apolitical, secular society is over. Time for fetishizing bipartisanship as some moral virtue is over. It is time to shed the reductive politics of always having to pick the ‘lesser evil’ and the leaders who profess to care for climate justice but whose best pitch is ‘I am better than the abyss.’ I invite readers to think about what moral, political legitimacy is left if our litmus test is ‘at least I am not a fascist like those other guys’ — to deliver on the existential threat of climate change.

It is time to get past our inertia and remember that the path to fascism is paved by incremental injustices, one policy at a time. We must demand more and make our political and institutional leaders earn our support through actions that center social equity and will allow us to move toward climate solutions and justice representative of the vibrancy and plurality of human existence.

Image of a city in Turkey with ornate buildings on a hillside and a body of water in foreground.

Turkey to host 2026 climate summit, in defeat for Australia

But Australia will hold the summit's presidency — and therefore control the diplomacy, Climate Minister Chris Bowen told reporters.
a TotalEnergies gas station illuminated in red letters at night.

EU farmer takes oil giant TotalEnergies to court in groundbreaking hearing over climate damages

The climate change-related lawsuit begins its hearings, just days after TotalEnergies announced its climate investment at COP30.
The fema logo is displayed on a building.

Noem at odds with Trump-appointed panel over future of FEMA

Instead of further shrinking and dismantling the U.S. Federal Emergency Management Agency, the FEMA Review Council wants to make it more independent.

Heavy traffic on a multi-lane highway through hills.

Gavin Newsom is a star of COP30 — but his climate receipts are messy

The California governor has made great environmental strides in his state. But he’s also cosigned on some major setbacks.
Amazon pickup & returns building next to a tree.

Appeals court pauses California law requiring companies to disclose climate risks

A federal appeals court this week halted a California law requiring companies to disclose the risks that climate change poses to their business. That law would have required companies to prepare a report on their climate-related financial risks by Jan. 1.

Two nuclear energy cooling towers against a sunset sky.

Trump administration gives Three Mile Island nuclear project $1 billion loan

The Pennsylvania site, shorthand for the dangers of nuclear power after a 1979 meltdown, is set for revival under a deal to power Microsoft data centers.
Black children holding their hands under a faucet with water coming out of it

Trump’s anti-green agenda could lead to 1.3 million more climate deaths

Most of the people expected to suffer these temperature-related deaths live in poor countries in Africa and South Asia that are least prepared to cope with the increasing heat from climate change.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.