The U.S. Supreme Court might consider yet another case involving race-based admission policies after invalidating them at college and university campuses during the previous session that concluded in June.
This time, the justices could potentially address a case involving the use of race for admissions to prestigious U.S. high schools, according to experts familiar with the matter.
Legal scholars suggested that following its June decision in favor of Students for Fair Admissions, the Supreme Court could potentially review Coalition for TJ v. Fairfax County School Board. This case challenges the implementation of “holistic” admission policies over merit-based ones in K-12 schools.
By referring to its prior ruling, the Court could potentially void the application of such practices in primary and secondary educational institutions.
“Even though the Supreme Court’s recent decision on affirmative action invalidated the application of racial preferences in higher education admissions, it suggests that this Court is not tolerant of institutions that engage in racial balancing, as well as discriminating against certain racial groups (Asian Americans and whites) to confer benefits on others (blacks and Hispanics),” explained Renu Mukherjee, a policy analyst at the Manhattan Institute focusing on affirmative action, during an interview.
“The case of Thomas Jefferson High School for Science and Technology illustrates that the Fairfax County School Board employed precisely such an approach with its ‘holistic admissions’ policy,” Mukherjee further highlighted.
In 2021, the Coalition for TJ, consisting of parents, students, and staff members, initiated a lawsuit against the Fairfax County School Board, challenging changes made to the admissions process of the esteemed Thomas Jefferson High School for Science and Technology (TJHS).
These changes included the removal of standardized testing requirements and a reduction in grade-point average thresholds. As per the lawsuit, these adjustments were ostensibly introduced to “balance the racial composition of the school.” The revised admissions process at TJHS now evaluates additional factors like an applicant’s background, encompassing attendance at an underrepresented middle school, English as a second language learning, or qualification for reduced lunch prices.
In May, a federal court concluded, as per the Fairfax County Times, that the Coalition for TJ had not furnished enough evidence to establish that the policy was driven by “discriminatory intent.” Consequently, the Pacific Legal Foundation, representing the Coalition for TJ, appealed to the Supreme Court.
“If the Supreme Court decides to take up the TJ case, I predict that, in favor of the Coalition for TJ, it will refer to its ruling in ‘Students for Fair Admissions,'” Mukherjee conveyed to the media. “It’s important to remember that the Court previously determined in 2007’s ‘Parents Involved’ that the ‘diversity rationale’ used to support race-conscious admissions at the university level doesn’t extend to K-12, and schools are constitutionally prohibited from engaging in racial balancing.”
The Class of 2025, the first under the new admissions policy at TJ, witnessed a drop in the acceptance rate of Asian American students from 70 percent to 50 percent, as reported by The Washington Post.
“Thomas Jefferson took a sly approach compared to Harvard,” stated GianCarlo Canaparo, a senior legal fellow at the Heritage Foundation, in a conversation with the media. “Instead of overtly discriminating against Asians and whites, it prioritized applicants from middle schools where their numbers were fewer.
“However, the intention remained the same — to elevate the count of black and Hispanic students while suppressing the number of Asian and white students,” he added.
“Such conduct is not permissible as per Students for Fair Admissions since the Chief Justice stated, ‘What can’t be done directly, can’t be done indirectly,'” Canaparo continued. “I expect the lawsuit against Thomas Jefferson will reach the Supreme Court, which will clarify that neither direct nor indirect racial discrimination is acceptable.”
For too long, elite colleges have "bought off" alumni support for race-based admission preferences with generous legacy preferences – an example of corruption breeding more corruption.
We have a better idea.
Admissions should be based on individual merit.— Coalition for TJ #FightingForMerit (@coalitionforTJ) July 10, 2023