South Carolina Women Sue Governor Over Racial Discrimination

News Summary

Two South Carolina women, Sandy Chiong and Michelle Mitchum, have filed a lawsuit against Governor Henry McMaster, alleging racial discrimination in the commission appointment process. They argue that their race was unfairly considered over qualifications for positions on the S.C. Commission for Minority Affairs. The lawsuit highlights concerns over the commission’s racial quotas and their implications for diversity and equity in public service. The legal action is part of a broader trend questioning the fairness of racial quotas in public appointments across the nation.

South Carolina Women Take Legal Action Against Governor Over Racial Discrimination Claims

In a bold move stirring conversations across South Carolina, two women have decided to take a stand against what they see as racial discrimination in the appointment process for the S.C. Commission for Minority Affairs. Sandy Chiong, hailing from Garden City Beach, and Michelle Mitchum, who resides in Orangeburg, have filed a lawsuit in federal court against Governor Henry McMaster.

What’s the Buzz?

The lawsuit, lodged in December, alleges that both women were unfairly denied seats on the commission due to their race. Instead of selecting candidates solely based on their qualifications, the commission is said to be actively seeking members of different racial backgrounds, which raises eyebrows in the pursuit of fairness.

Interestingly, the commission has a pre-existing mandate requiring it to maintain an African-American majority. For Chiong, who has Chinese and Cuban roots, as well as Mitchum, steeped in her rich Pine Hill Indian Tribe heritage, this policy has personal implications that resonate deeply.

Why Apply?

Both women were eager to join the commission, which plays an important role in engaging and uplifting minority communities throughout South Carolina. However, their enthusiasm was met with obstacles. Mitchum claims she was specifically told that an open seat had to be filled by someone from “the Asian community,” despite her vast experience and contributions to the commission’s Native American advisory committee.

The Legal Standpoint

The lawsuit is not just about individual grievances; it rests on a bigger principle. Citing the Fourteenth Amendment, the plaintiffs argue that eligibility for commission membership should hinge on qualifications rather than race. They aim to have the commission’s racial quota dismantled and are seeking a nominal damages award of just $1, along with reimbursement for legal expenses.

Commission’s Quorum Challenges

At this moment, the commission has four vacant seats, with two current members holding their posts beyond the expiration of their terms. This raises concerns about whether the commission can even maintain a quorum, a vital requirement for getting important work done.

Given Mitchum’s 20-plus years working with the Minority Affairs Commission—including efforts aimed at helping Native American communities recover from COVID-19—her determination to serve is evident. Meanwhile, Chiong is prepared to step in to fill a seat from the 7th congressional district where a vacancy currently exists.

Wider Implications

The spark igniting this legal battle reflects a broader national trend challenging racial quotas and preferences within public appointments and representation. This lawsuit is part of a growing conservative movement that questions policies designed to boost diversity based on race and ethnicity in public institutions.

Interestingly, this case also coincides with a previous expression of “no confidence” in the Minority Affairs Commission by the S.C. House Legislative Oversight Committee back in 2018 when an audit revealed failures in meeting mandated responsibilities.

Who’s Behind the Case?

The plaintiffs are supported by attorney Jeffrey Dunlaevy, who is collaborating with the California-based Pacific Legal Foundation to navigate this case through the legal system. Both Chiong and Mitchum bring unique backgrounds to the table—Chiong, a political activist with immigrant heritage, and Mitchum, a dedicated advocate for Native American rights.

This lawsuit has certainly opened the floodgates to discussions about race, qualifications, and the meaning of equity in public service. As it unfolds, South Carolinians will be watching closely, hoping for a resolution that reflects justice and equality for all.

Deeper Dive: News & Info About This Topic

HERE Resources

Lawsuit Challenges Racial Quotas in South Carolina’s Commission for Minority Affairs
Black Politicians Respond to Trump’s Controversial “Black Jobs” Remarks Amid Debate Fallout

Additional Resources

• South Carolina Daily Gazette
• Google Search: South Carolina racial quota lawsuit
• Post and Courier
• Wikipedia: Affirmative action
• Roll Call
• Encyclopedia Britannica: Equal Protection Clause
• Washington Post
• Google News: Racial equity in public service