When Minneapolis teachers ended their 14-day strike in March, they celebrated a ground-breaking provision in their new contract that was intended to protect teachers of color from seniority-based layoffs and help ensure that students from racial minorities have teachers who look like them.

Months later, conservative media outlets slammed the policy as racist and unconstitutional discrimination against white educators. One legal group is looking for teachers and taxpayers who are willing to sue to have the language removed.

The teachers' union portrays the dispute as a fabricated controversy, despite the fact that no one is in imminent danger of losing their job. Meanwhile, the feud is escalating just months before arguments in two US Supreme Court cases that could change the face of affirmative action.

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“The same people who want to take down teachers unions and blame seniority are now defending it for white people,” said Greta Callahan, president of the teachers unit at the Minneapolis Federation of Teachers. “This is all made up by the right wing now. And we could not be more proud of this language.”

Recent coverage on conservative platforms such as Alpha News, Fox News nationally, and the Daily Mail internationally sparked criticism from prominent figures such as Donald Trump Jr. and former Wisconsin Gov. Scott Walker, who limited the power of public employee unions in his state.

Walker on Twitter called it “another example of why government unions should be eliminated.”

What does the contract say?

The contract language does not specifically state that white teachers will be laid off ahead of teachers of color, but critics argue that this is exactly what will happen.

Teachers who are "members of populations underrepresented among licensed teachers in the District," as well as alumni of historically Black and Hispanic colleges, as well as tribal colleges, are exempt from the contract.

Around 60% of the teachers in the district are white, while more than 60% of the students are racial minorities.

Students from racial minorities perform better when their educators include teachers and support staff of color, according to advocates, and this is especially important in a district with persistent achievement gaps.

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Callahan stated that her union fought for years to include the protection in their contract and that she is aware of two other Minnesota districts that have similar provisions.

Minneapolis is one of many school districts in the United States dealing with declining teacher headcounts and tight budgets. However, Callahan argued that the provision does not jeopardize anyone's job, noting that Minneapolis has nearly 300 unfilled positions as teachers and students prepare to return to school and that the language will not take effect until the 2023 academic year.

Callahan described it as "just one teensy, tiny step toward equity," which does not begin to compensate for the many teachers of color who have left the district in recent years because they have felt underpaid and disrespected.

What about race in college admissions?

Two affirmative action cases involving Harvard University and the University of North Carolina that are scheduled for oral arguments before the Supreme Court in October could have an impact on the Minneapolis dispute. The cases involve challenges to the use of race in college admissions decisions.

Affirmative action has been reviewed several times by the Supreme Court over the last 40 years and has generally been upheld, but with limitations. However, with three new conservative justices joining the court since the last review, the practice may be facing its most serious threat yet.

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According to Joseph Daly, an emeritus professor at the Mitchell Hamline School of Law who has arbitrated many teacher cases over the years, the Minneapolis language appears to be designed to withstand a court challenge.

“The U.S. Supreme Court in the past has OK’d affirmative action when there were very valid objectives to be achieved in ultimately seeking quality for all human beings,” Daly said.

“Now the question of today is: Will this concept be upheld by the courts in light of the more conservative stance on the Supreme Court? I don’t have an answer on that.”