South Carolinian challenges racial quota for joining state commission
December 11, 2024
Columbia, SC; December 11, 2024: South Carolina resident Sandy Chiong, represented by Pacific Legal Foundation, has filed a federal lawsuit challenging South Carolina’s unlawful racial quota for membership on the state’s Commission for Minority Affairs.
Both of Sandy’s grandfathers left China for Cuba. Years later, her parents left Cuba for a better life in America, instilling in her an appreciation for constitutional rights. Wanting to contribute to her community, she developed an interest in serving on the Commission for Minority Affairs. Sandy’s immigrant background and Chinese Cuban ancestry made the Commission an ideal choice, but she’s disadvantaged for consideration because she’s not African American.
The nine-member Commission consists of one person from each of the state’s seven congressional districts and two at-large members, all appointed by the governor. The Commission has three vacant seats and two expired terms to fill—including the state’s 7th Congressional District, where Sandy lives. Based on the board’s current makeup, African Americans must fill at least two of these five positions to maintain the required majority.
“South Carolina cannot deny individuals the opportunity to serve on public boards due to their race. Racial quotas are unjust, unconstitutional, and un-American,” said Caleb Trotter, an attorney at Pacific Legal Foundation. “Given that the Commission was established to serve all minority groups, it is especially egregious to allocate opportunities to some minorities but not others.”
South Carolina’s racial quota is unconstitutional. The Equal Protection Clause guarantees all Americans equal treatment under the law, regardless of immutable characteristics like race or sex. Sandy is fighting back with a federal lawsuit to ensure that all qualified candidates can compete equally for public service, regardless of race.
The case is Sandy Chiong & Michelle Mitchum v. McMaster, filed in the U.S. District Court for the District of South Carolina.
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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.
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