South Carolina ends racial quota on public board, PLF dismisses lawsuit
May 23, 2025
Columbia, SC; May 22, 2025: In a major win for equality under the law, Governor McMaster has signed S.214 (Act A56m R89), legislation that removes the unconstitutional racial quota from the South Carolina Commission for Minority Affairs. The new law moots Sandy Chiong and Michelle Mitchum v. McMaster, a federal lawsuit brought by Pacific Legal Foundation on behalf of Sandy Chiong and Michelle Mitchum.
“This is a victory not just for Sandy and Michelle, but for all South Carolinians,” said Caleb Trotter, senior attorney at Pacific Legal Foundation. “The State has done the right thing by eliminating race-based requirements that treated people not as individuals, but as checkboxes. Public service should be open to all qualified citizens, regardless of race.”
Under the now-repealed law, the nine-member Commission consisted of one appointee from each of the state’s seven congressional districts and two at-large members, all appointed by the governor. There were no stated qualifications for the four-year term except one: The Commission’s majority must be African American. The new legislation signed by Gov. McMaster removes that racial mandate, shifting its mission from serving minority populations exclusively to serving all rural and underserved communities across the state.
Sandy Chiong’s story is one of resilience and courage. The granddaughter of immigrants who fled tyranny in China and Cuba, Sandy understands what it means to fight for freedom. When she learned she was effectively disqualified from serving on the Commission because she was not African American, she stood up — not just for herself, but for the principle that the government should never sort people by race.
PLF’s work challenges race-based quotas beyond South Carolina. A 2023 PLF report revealed that 25 states use race or sex to restrict participation on government boards and commissions. These mandates violate the Equal Protection Clause and undermine public trust by treating people as group representatives, not individuals.
Like Arkansas and Montana, South Carolina’s reform should be a model for other states. The Constitution promises equal treatment, and PLF will keep working to make sure that promise is kept.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.