https://www.city-journal.org/article/will-scotus-revisit-discriminatory-admissions-policies
n February, the U.S. Supreme Court denied certiorari in Coalition for TJ v. Fairfax County School Board, a case that concerned a change in admissions policy at Thomas Jefferson High School for Science and Technology (TJ) in Alexandria, Virginia. After the new policy took effect, the share of Asian students admitted to TJ, one of the nation’s top public high schools, dropped by nearly 20 percentage points from the previous year. The share of white, black, and Hispanic students, by contrast, increased. As it turns out, this had been the goal of education officials in Fairfax County all along. At an October 2020 meeting, TJ’s own principal revealed that she wanted a “student body that more closely aligns with the representation in Fairfax County Public Schools.”
Justice Samuel Alito described the majority’s refusal to hear the case as “hard to understand.” In 2007’s Parents Involved v. Seattle School District, the Supreme Court held that a school district’s interest in racial balancing could not justify the district’s use of race in selecting students for admission to public high schools. In 2023’s Students for Fair Admissions v. Harvard, the court struck down the use of racial preferences in college admissions. Neither decision, however, addressed admissions policies that—like TJ’s—are race-neutral on their face but race-conscious in aim and effect. Thus, “TJ offers a roadmap,” Alito warned, “for other selective schools to skirt the Equal Protection Clause.”
The Supreme Court has a second chance to remind education officials that “eliminating discrimination means eliminating all of it,” as Chief Justice John Roberts wrote in Students for Fair Admissions. Last month, the Boston Parent Coalition for Academic Excellence—a group of parents and students who support merit-based admissions and improving K–6 education—asked the justices to examine the 2021–22 admissions policy for Boston’s three selective public high schools. This policy, while facially race-neutral, diminished the share of white students (from 33 percent to 24 percent) and Asian students (from 21 percent to 16 percent) at Boston Latin School (BLS), Boston Latin Academy (BLA), and John O’Bryant School of Mathematics and Science (O’Bryant). As in Fairfax County, the Boston School Committee adopted the new admissions policy because it believed Asians (and whites) were “overrepresented.”