SCOTUS to tackle major high school issue after race-based admissions ruling.
The Supreme Court Could Take Up a Case Challenging Racial Balancing Practices at Selective High Schools
The Supreme Court could potentially address the issue of racial balancing practices at selective high schools, following its recent ruling against race-based admission policies at universities, according to experts. The ruling in June favored Students for Fair Admissions, declaring affirmative action admissions policies at Harvard University and the University of North Carolina unconstitutional and putting an end to such practices in higher education institutions. Legal experts suggest that the Supreme Court may now consider the case of Coalition for TJ v. Fairfax County School Board, which challenges the use of “holistic” admissions policies over merit-based policies in K-12 schools. They believe that the Court could use its June ruling as a basis to strike down the use of such practices in high schools as well.
Renu Mukherjee, a policy analyst at the Manhattan Institute who specializes in affirmative action, stated, “While the Supreme Court’s recent ruling on affirmative action struck down the use of racial preferences in higher education admissions, it signals that this court has little patience for institutions that engage in racial balancing, as well as penalizing certain racial groups (Asian Americans and whites) in order to confer benefits on others (blacks and Hispanics). And the fact pattern of the case concerning Thomas Jefferson High School for Science and Technology demonstrates that the Fairfax County School Board was doing exactly that with its ’holistic admissions’ policy.”
The Case of Coalition for TJ v. Fairfax County School Board
In 2021, a group called Coalition for TJ, consisting of parents, students, and staff, filed a lawsuit against the Fairfax County School Board. The lawsuit was in response to the board’s modifications to the admissions process of the prestigious Thomas Jefferson High School for Science and Technology (TJHS). These modifications included the removal of standardized testing requirements and lowered grade-point average requirements, which the lawsuit alleges were implemented to “racially balance” the school. Under the revised admissions program, the school now considers “experience factors” such as attending an underrepresented middle school, learning English as a second language, or being eligible for reduced lunch prices.
A federal court ruled in May that the Coalition for TJ failed to demonstrate that the policy was motivated by “discriminatory intent.” However, the Coalition for TJ, represented by the Pacific Legal Foundation, appealed the decision to the Supreme Court. The outcome of this case could have significant implications for the use of race-conscious admissions policies in K-12 schools.
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
“I anticipate that if the Supreme Court does take up the TJ case, it will, in ruling for Coalition for TJ point to its decision in ‘Students for Fair Admissions,'” said Mukherjee. ”It’s also worth remembering that the Court already ruled in 2007’s ‘Parents Involved’ that the ‘diversity rationale’ used to uphold race-conscious admissions at the university level does not apply to K-12, as well as that schools are constitutionally prohibited from engaging in racial balancing.”
In the Class of 2025, the first TJHS class selected using the new admissions policy, the percentage of Asian American students accepted dropped from 70 percent to 50 percent, as reported by The Washington Post. This change has raised concerns about the impact of the revised admissions process on different racial groups.
GianCarlo Canaparo, a senior legal fellow at the Heritage Foundation, commented, “Thomas Jefferson was cleverer than Harvard. Rather than discriminate against Asians and whites explicitly, it privileged applicants from middle schools where it knew there were fewer of them. But the intent was the same — to boost the number of black and Hispanic students and suppress the number of Asian and white students. That’s impermissible under Students For Fair Admissions because the Chief Justice wrote that ‘What cannot be done directly cannot be done indirectly.’ I expect the lawsuit against Thomas Jefferson will go to the Supreme Court, and that the Court will make clear that neither direct nor indirect racial discrimination is permissible.”
TJHS recently faced criticism after it was revealed that the school had failed to notify students who received the National Merit Scholarship commendation, an honor used for college applications and scholarships. This decision was made in an effort to avoid “hurting” the feelings of students who did not earn the award.
The Coalition for TJ representative stated, “We have witnessed firsthand at Thomas Jefferson High School for Science and Technology the potential consequences of so-called ‘race-neutral’ policies masquerading as efforts to promote diversity in admissions but actually practicing anti-Asian racism. With the legal acumen of our lawyers at Pacific Legal Foundation, the Coalition for TJ will persevere in its efforts to ensure that race-neutral admissions policies do not perpetuate discrimination or disadvantage any racial or ethnic group. We stand united in our belief that diversity, inclusivity, and equal rights are the cornerstones of a just society.”
Fairfax County Public Schools is currently reviewing the Supreme Court’s ruling on affirmative action, according to a spokesperson.
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