A recent lawsuit has challenged California’s Black Infant Health program, which focuses exclusively on supporting Black/African American women during pregnancy to address stark racial disparities in maternal and infant mortality. Black individuals are more than three times as likely as white individuals to die from pregnancy-related causes, and Black babies die at twice the rate of white babies.

The program aims to empower Black women by connecting them with vital care and support to promote healthy behaviors during pregnancy. Scientific consensus indicates these disparities stem from societal factors rather than race-specific biology.

Following the Supreme Court’s decision in Students for Fair Admissions v. Fair Admissions, the lawsuit argues that because the program explicitly considers race, it must undergo strict scrutiny review. This legal standard requires the program to pursue a compelling governmental interest in a narrowly tailored way. However, the plaintiffs contend that saving Black mothers and babies does not constitute a compelling governmental interest, and thus the program should be deemed unconstitutional.

The case raises critical questions about how race-conscious health initiatives are evaluated legally and may influence future discussions on addressing racial health disparities.

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