Supreme Court urged to step in on Fairfax and Virginia Tech education lawsuits.
Plaintiffs Seek Supreme Court Intervention in Virginia Education Lawsuits
Two separate lawsuits in Virginia, one challenging race-based admissions at Thomas Jefferson High School and the other targeting free-speech codes at Virginia Tech, are now seeking the intervention of the Supreme Court. The Coalition for TJ, a group consisting of students, parents, staff, and alumni of Thomas Jefferson High School for Science and Technology, is urging the high court to review their anti-discrimination case against Fairfax County Public Schools.
Rectifying Lower Court Losses
After recent victories in race-based admissions cases at Harvard University and the University of North Carolina, the Coalition for TJ is confident that they can overturn previous losses in lower courts. They are particularly focused on a May appeals decision from the 4th U.S. Circuit Court of Appeals. Attorney Joshua Thompson of the Pacific Legal Foundation, representing the coalition, emphasizes that the Constitution prohibits discrimination based on race and argues that Thomas Jefferson High School’s admissions policy violated this principle.
“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 Roberts’ warning against indirect discrimination.”
The case revolves around TJ’s admissions policy, which the Pacific Legal Foundation claims disproportionately harms Asian applicants. The school replaced a merit-based system with a lottery system in an effort to increase the representation of black and Hispanic students. A Supreme Court ruling against the school district could have implications beyond K-12 schools, potentially affecting college admissions as well.
“Guarantees of [Students for Fair Admissions v. Harvard] might mean little if schools could accomplish the same discriminatory result through race-neutral proxies,” the petition continues.
Meanwhile, education advocacy groups are applauding the decision to appeal to the Supreme Court. They argue that the admissions changes made by Fairfax County Public Schools in 2020 had an “anti-Asian feel” and were discriminatory. Instead of lowering the bar, these groups believe that the district should focus on preparing students for the rigorous math and science programs at Thomas Jefferson High School.
Virginia Tech’s Campus Speech Policies Under Scrutiny
In a separate case seeking review at the Supreme Court, Virginia Tech is being challenged for its campus speech policies. The advocacy group Speech First filed the lawsuit in April 2021, arguing that the school’s bias reporting system policy infringes on students’ First Amendment rights and has a chilling effect on free speech.
The bias reporting system allows students to report incidents of perceived “bias,” which Speech First claims is defined too broadly, posing a threat to free speech. These reports are then assessed by “bias response teams,” who have the authority to take disciplinary action against the accused students.
“Overly broad or vague definitions of bias put all kinds of speech at risk of being reported – even unpopular speech which is protected by the First Amendment,” the group’s definition states. “Political speech and satire are particularly vulnerable because the system favors students who easily take offense.”
Speech First’s executive director, Cherise Trump, highlights the prevalence of bias response teams in universities across the country, arguing that they stifle the speech of millions of college students. The organization is urging the Supreme Court to address the split among lower courts regarding the chilling effect of bias-response teams on free speech.
While Speech First has faced defeats in lower courts due to standing issues, they believe that the differing rulings in various judicial circuits warrant a review by the Supreme Court.
Both Fairfax County Public Schools and Virginia Tech have not provided comments on the matter.
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