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Thursday, November 21, 2024

Supreme Court petitioned on 'racial balancing' case as Virginia's prestigious high school 'equitable' admissions called 'patently unconstitutional'

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Attorney Joshua Thompson | Pacific Legal Foundation

Attorney Joshua Thompson | Pacific Legal Foundation

Virginia's renowned Thomas Jefferson High School for Science and Technology is at the center of a legal showdown as a group of parents has appealed to the U.S. Supreme Court. They argue against the school's altered admissions procedures, branding them as "racial balancing" and "patently unconstitutional," contesting an appeals court's reversal of a previous district judge's ruling. 

"The Supreme Court made clear in Students for Fair Admission that the Constitution bans discrimination based on race, full stop," said Joshua Thompson, attorney with the Pacific Legal Foundation, Newsmax reported. "TJ's admission overhaul tried to hide its discriminatory purpose behind a patina of race-neutrality. But the school's proxy discrimination clearly violated Chief Justice [John] Roberts' warning against indirect discrimination." 

According to Newsmax, Virginia parents have taken their battle over admissions practices at Thomas Jefferson High School for Science and Technology to the U.S. Supreme Court. Seeking to address diversity concerns, the school altered its admissions procedures in 2020, prompting a lawsuit by the Coalition for TJ, which alleges discrimination due to decreased Asian American enrollment. While a district judge sided with the coalition, terming the changes "racial balancing" and "patently unconstitutional," an appeals court subsequently reversed this decision, stating that the school's admission process wasn't discriminatory.

Following the decisionby the appeals court, the Pacific Legal Foundation, representing the Coalition for TJ, submitted a petition to the Supreme Court for a review of the decision, Newsmax reported. Thompson cited the Supreme Court's stance against racial discrimination in education, highlighting how Thomas Jefferson High School's admissions changes concealed a discriminatory intent, conflicting with Chief Justice John Roberts' stance on indirect discrimination.

The Virginia NAACP and other minority-focused organizations in the region have decried the petition, expressing their endorsement of the altered admissions policies. Newsmax reports that President Robert N. Barnette Jr. of the Virginia NAACP emphasized that a publicly funded educational institution like Thomas Jefferson High School should provide equal access to all eligible students from various middle schools. He argued that the school's fairer admissions approach had expanded opportunities, leading to increased acceptance of low-income Asian American students and enabling underrepresented Black and Latino students to seek admission. The organizations rejected attempts to maintain an inequitable status quo and called for a level playing field in educational advancement.

According to The New York Times, in the appeals court's ruling in May, Judge Robert B. King, appointed by former Pres. Bill Clinton, led the majority and cautioned against basing the analysis solely on before-and-after enrollment figures, as that could inadvertently transform the previous state into an inflexible quota system. King acknowledged Thomas Jefferson High School's legitimate intent to broaden student diversity and backgrounds. However, in her dissenting opinion, Judge Allison J. Rushing contended that the majority failed to see beyond the outward appearance of the policy, neglecting to acknowledge the underlying racial motivation and evident racial consequences.

The appeals court's ruling overturned a 2022 decision by Judge Claude M. Hilton of the Federal District Court in Alexandria, New York Times reports. Judge Hilton's earlier ruling had concluded that the modifications implemented by the school board disproportionately disadvantaged Asian American students and were driven by racial motivations. He noted that discussions about the changes had been tainted by the notion of achieving racial balance from the very beginning.

"It is evident that the board's decision to revamp T.J. admissions disproportionately harms Asian American students. Presently and going forward, Asian American applicants face an uneven opportunity," Judge Hilton asserted in his statement.