2023

Tyre Nichols, 29, was stopped by Memphis Police Department's SCORPION (Street Crimes Operation to Restore Peace in Our Neighborhoods) unit on January 7, 2023. Officers pulled Nichols from his car, pepper-sprayed him, and subjected him to a prolonged beating; he ran and was caught and beaten again. He died three days later on January 10. All five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr., and Justin Smith — were Black. Video was released January 27; all five were charged with second-degree murder. Memphis disbanded the SCORPION unit. The case prompted debate about whether Black officers in racist systems perpetuate structural violence.

In Students for Fair Admissions v. Harvard and UNC, the Supreme Court (6-3) ended race-conscious admissions programs on June 29, 2023. In the year following the ruling, Black enrollment fell at several selective universities: MIT's freshman class saw Black enrollment drop from 15% to 5%. The ruling reversed 45 years of precedent established in Regents v. Bakke (1978) and Grutter v. Bollinger (2003).

In Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, the Supreme Court (6-3) ended race-conscious admissions programs at colleges and universities on June 29, 2023. Chief Justice Roberts wrote that universities may not consider race as a factor in admissions. Justice Sotomayor's dissent called it a 'tragedy.' In the year following the ruling, Black enrollment fell at several selective universities: MIT's freshman class saw Black enrollment drop from 15% to 5%. The ruling reversed 45 years of precedent established in Regents v. Bakke (1978) and Grutter v. Bollinger (2003).

Jordan Neely, 30, a homeless Black man and Michael Jackson street performer who was experiencing a mental health crisis on an F train in New York City, was placed in a fatal chokehold by Daniel Penny, 24, a white Marine veteran, on May 1, 2023. Three other passengers assisted in restraining Neely. Neely died at the scene. Penny was charged with second-degree manslaughter. The case divided New York, with some calling Penny a hero and others decrying the devaluing of Black unhoused lives. Penny was acquitted of all charges in December 2023. His legal defense was crowdfunded with over $2 million.

In Allen v. Milligan, the Supreme Court ruled 5-4 on June 8, 2023, that Alabama's congressional map violated Section 2 of the Voting Rights Act by packing Black voters into a single district in a state where they constitute 27% of the population. Chief Justice Roberts, joined by Justice Kavanaugh and the three liberal justices, held that the lower court properly applied VRA precedent. Alabama had argued racial vote dilution claims required proof of intentional discrimination, which the Court rejected. The ruling was seen as a significant, unexpected victory for voting rights advocates who feared the Court would gut Section 2 entirely.

In Allen v. Milligan, the Supreme Court ruled 5-4 that Alabama's congressional map violated Section 2 of the Voting Rights Act by packing Black voters into a single district in a state where they are 27% of the population. Chief Justice Roberts joined the three liberal justices. The ruling was seen as an unexpected victory for voting rights advocates who feared the Court would gut Section 2 entirely.

California's Reparations Task Force, established under AB 3121 signed in 2020, released its final report in June 2023, recommending total payments of over $1.2 million per eligible Black Californian as compensation for documented harms including redlining, discriminatory policing, and exclusion from the GI Bill. The task force, the first state-level body to complete a comprehensive reparations study, documented $569 billion in housing wealth extracted from Black Californians through discriminatory policies. The California Legislature did not pass direct payment legislation in 2023; Governor Newsom expressed skepticism about payments' feasibility while supporting other elements.

A 2023 Markup investigation found that lenders using algorithmic underwriting systems denied mortgage applications from Black applicants at rates up to 84% higher than white applicants with similar financial profiles. The Fair Housing Act prohibits discrimination but does not explicitly address algorithmic decision-making. CFPB and DOJ investigations into lenders including Trident Mortgage, Townstone Financial, and Lakeland Bancorp (which paid a $13 million settlement in 2023) found discriminatory lending patterns. Critics argued that algorithms trained on historically discriminatory data would perpetuate and mask redlining. HUD issued guidance in 2023 clarifying that algorithmic discrimination violates the Fair Housing Act.

A 2023 Markup investigation found lenders using algorithmic underwriting denied mortgage applications from Black applicants at rates up to 84% higher than white applicants with similar financial profiles. CFPB and DOJ investigations found discriminatory lending patterns at multiple institutions. HUD issued guidance in 2023 clarifying that algorithmic discrimination violates the Fair Housing Act.

Florida's Department of Education rejected the College Board's AP African American Studies course, saying it 'lacks educational value' and violates state law. The state objected to content on intersectionality, the Black Lives Matter movement, reparations, and Black queer studies. The College Board revised the course removing contested content. The incident drew national attention to state restrictions on Black history education.

Florida's Department of Education rejected the College Board's AP African American Studies course in January 2023, saying it 'lacks educational value' and violates state law. The state objected to content on intersectionality, the Black Lives Matter movement, reparations, and Black queer studies. The College Board revised the course to remove some contested content; civil rights advocates criticized the revisions as capitulation to political censorship. The College Board ultimately offered a version of the course in Florida without the contested topics as elective readings. The incident drew national attention to state restrictions on Black history education.

When a train derailed in East Palestine, OH, a predominantly white community, Transportation Secretary Buttigieg visited within weeks and Congress held hearings. Critics pointed out that Jackson, Mississippi — 82% Black — had endured a months-long water crisis in 2022 with far less sustained federal attention. The contrast became a widely cited example of how race shapes the federal response to environmental disasters.

When a Norfolk Southern train derailed in East Palestine, OH, on February 3, 2023, releasing toxic chemicals, Transportation Secretary Pete Buttigieg visited within weeks; Congress held hearings; legislation was introduced. The community received sustained federal attention. Critics pointed out that Jackson, Mississippi — 82% Black — had endured a months-long water crisis in 2022 with far less sustained federal attention and no comparable Congressional response. The contrast became a widely cited example of how race and political geography shape the federal response to environmental disasters.

ProPublica reported on April 6, 2023, that Supreme Court Justice Clarence Thomas had for decades accepted undisclosed luxury travel, gifts, and real estate transactions from Harlan Crow, a Texas real estate billionaire and Republican mega-donor. Thomas did not recuse himself from cases relevant to Crow's interests. Subsequent reporting revealed Thomas had not disclosed more than $4 million in benefits from Crow and others. Thomas also did not recuse himself from January 6-related cases despite his wife Ginni Thomas's documented involvement in efforts to overturn the 2020 election. The disclosures raised questions about ethics on the Court, including from Black civil rights organizations who noted Thomas's rulings consistently harmed Black Americans.

The Supreme Court ends race-conscious college admissions in SFFA v. Harvard.