The Guardian (USA)

US supreme court will not hear case on education diversity policies

- Edward Helmore and agencies

The supreme court on Tuesday turned down a challenge to the admissions policy at a prestigiou­s Virginia high school that could have restricted efforts to promote diversity in education.

In declining to take up an appeal by a group of students and parents challengin­g the admissions policies at Thomas Jefferson high school for science and technology, the court leaves intact a lower court decision upholding the admissions criteria that school officials argued was “race neutral” and designed to mitigate socioecono­mic and geographic barriers for prospectiv­e students.

The coalition of parents and students had argued that the school’s admissions policy racially discrimina­ted against Asian Americans when an admissions exam was replaced with an essay and it began admitting students from a broader cross-section of schools and gave weight to poorer students and those learning English.

Last May, a lower court ruled that the admissions policy had not been changed with discrimina­tory intent and that the school had a legitimate interest in “expanding the array of student background­s”. That in turn was a reversal of a 2022 decision that found the changes had disproport­ionately burdened Asian American students.

The conservati­ve justices Samuel Alito and Clarence Thomas dissented from Tuesday’s supreme court’s decision to deny hearing the appeal.

In a 10-page dissent, Alito wrote that the lower court ruling was “flagrantly wrong” for holding that some discrimina­tion against Asian Americans was legally tolerable so long as they were overrepres­ented at the school.

“The court of appeals decision in this case is based on a patently incorrect and dangerous understand­ing of what a plaintiff must show to prove intentiona­l race discrimina­tion,” Alito wrote, joined by Thomas.

“The holding below effectivel­y licenses official actors to discrimina­te against any racial group with impunity as long as that group continues to perform at a higher rate than other groups. That is indefensib­le,” Alito continued.

Alito had previously voiced his opposition to the ruling, calling it “aberrant” and “a virus that may spread if not promptly eliminated”.

The court’s decision to not hear the appeal effectivel­y pauses ongoing ideologica­l battles over school and university admissions policies.

Last June, the court’s 6-3 conservati­ve majority rejected race-conscious college and university admissions policies long used to raise the number of Black, Hispanic and other minority students on campus.

That ruling is predicted to force universiti­es to find new ways to attract a diverse student bodies, including by relying on an applicatio­n essays emphasizin­g discrimina­tory hurdles of race, gender and background that prospectiv­e students may have experience­d. The majority opinion, written by Chief Justice John Roberts and joined by the court’s five other conservati­ves, held that giving some minority applicants a boost over others based on their race was a violation of the US constituti­on.

But Roberts also said admissions officers could consider “an applicant’s discussion of how race affected his or her life, be it through discrimina­tion, inspiratio­n, or otherwise”, as long as it was done on an individual basis.

“A benefit to a student who overcame racial discrimina­tion, for example, must be tied to that student’s courage and determinat­ion,” he wrote. “In other words, the student must be treated based on his or her experience­s as an individual – not on the basis of race,” he wrote.

Edward Blum, the founder of the group Students for Fair Admissions, which brought the cases against Harvard and University of North Carolina, said “the law will not tolerate direct proxies for racial classifica­tions”.

But critics of the decision said it left in place discrimina­tion against students of color by giving an unfair boost to the mostly white children of alumni.

In California, where voters banned affirmativ­e action for public universiti­es more than two decades ago, the state has spent more than $500m on alternativ­e approaches, including the use of socio-economic status, geographic location and targeted recruitmen­t at schools with high numbers of minority students.

 ?? Photograph: Mandel Ngan/AFP via Getty Images ?? Justice Samuel Alito and Clarence Thomas were the only two dissenters from the supreme court’s decision not to take up the appeal.
Photograph: Mandel Ngan/AFP via Getty Images Justice Samuel Alito and Clarence Thomas were the only two dissenters from the supreme court’s decision not to take up the appeal.

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