'I identify as an American Indian': Race and the U.S. Supreme Court
Channel: indianz
Date: 2022-11-01

The U.S. Supreme Court heard arguments in a pair of closely watched affirmative action cases on October 31, 2022, with one justice attempting to bring American Indians into the debate.

But the questions posed by Justice Samuel Alito were not about upholding the U.S. government's trust and treaty responsibilities to tribes and their citizens. Instead, he asked about self-identification of college applicants -- including those who claim to be American Indian.

"This is a real problem, and I've heard it described to me by people who face it," Alito said during arguments for Students for Fair Admissions v. University of North Carolina, one of the two cases heard by the court.

"When can a student honestly claim to fall within one of these groups that is awarded a plus factor?" he asked.

Alito wanted to know what the University of North Carolina considers when an applicant identifies as American Indian or as another racial or ethnic group. First, he asked whether the issue is biological.

"So let's say the student has one grandparent who falls within that class," Alito said. "Can the student claim to be a member of an underrepresented minority?"

"Yes, we rely on self-reporting," responded Ryan Y. Park, the Solicitor General for the state of North Carolina.

Alito then went back another generation for his hypothetical.

"All right. One great grandparent," he said.

"If that person believes that that is the accurate expression of their identity, I don't think there would be any problem," Park replied.

Alito wanted to keep going -- but then decided to ask about those who claim to be American Indian.

"It's family lore that we have an ancestor who was an American Indian," he said.

"I think in that particular circumstance, it would be not accurate for them to say, based on family lore," Park began saying -- before Alito cut him off.

"Well, I identify as an American Indian because I've always been told that some ancestor back in the old days was an American Indian," Alito said as he repeated his question, just with more words attached to it.

"I think in that circumstance, it would be very unlikely that that person was telling the truth," Park said.


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