Race-Based Appointments Still Legal | Birmingham News

Birmingham AL News Today | 2 Min News | The Daily News Now! · Aug 3, 2026 · 2m

In 2026, some states—including Alabama—are still using race and sex as criteria for public board appointments, a practice the Supreme Court deemed unconstitutional back in 1993. A new report reveals 25 states have such laws, with 15 statewide and 63 specific boards across 14 states enforcing demographic quotas. Critics argue these rules are about “statistical aesthetics,” not remedying past discrimination, and fail strict or intermediate constitutional scrutiny. The Pacific Legal Foundation is challenging these policies in 11 states, pushing for merit-based, colorblind systems that uphold…