From Pacific Legal Foundation <[email protected]>
Subject The Docket: Supreme Court denies Thomas Jefferson High School case
Date February 23, 2024 4:06 PM
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Good morning. This week the Supreme Court rejected the Coalition for TJ’s challenge to the admissions policy at Thomas Jefferson High School for Science and Technology (TJ) in Virginia. The denial was a blow to parents, alumni, and teachers who’ve been battling the Fairfax County School Board for three years over the use of racial proxies to change the racial makeup of the top magnet school.

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“The Supreme Court missed an important opportunity to end race-based discrimination in K-12 admissions,” PLF attorney Joshua Thompson told The Wall Street Journal

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But the Court’s denial had a silver lining: a powerful dissent by Justice Samuel Alito. More on that, and the community’s reactions to the news, below.



Supreme Court should wipe Thomas Jefferson High School ruling ‘off the books,’ Justice Alito says in dissent

The Fourth Circuit’s ruling against the Coalition for TJ “cries out for correction,” Justice Samuel Alito wrote in his powerful dissent, joined by Justice Clarence Thomas. The ruling “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.” Justice Alito even posed a hypothetical: What if most players on a high school basketball team were black—should the coach be allowed to replace half of them with white players in the name of equity?

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PLF president: The Court’s decision is disappointing—but Boston case and others inspire hope

In his dissent, Justice Alito cited PLF’s the Boston Parent Coalition case, in which parents are fighting discrimination at the city’s elite public schools that, like TJ, have moved away from merit-based admissions in favor of policies that focus on race. With the Boston lawsuit and other PLF efforts, including model legislation to end proxy discrimination, the fight for colorblind admissions will continue, PLF President Steven D. Anderson says.

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Virginia mom: ‘My son was rejected from Thomas Jefferson High School. The Supreme Court should have heard our case’

Stephanie Lundquist-Arora's eldest son has a GPA of 4.2 and loves engineering. But under TJ’s new admissions process—which favors “Experience Factors” over GPA—Stephanie’s son was rejected. “If his rejection had come after doing poorly on an entrance exam, I would know what to say to him,” Stephanie writes in the Washington Examiner

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. “But how do you motivate your son to work harder at STEM — his passion — when his work isn’t what he’s being judged on?”

Stephanie and her three sons were disappointed by the Supreme Court’s decision not to take the TJ case. “Our Supreme Court declined the opportunity to show us what kind of country we are and what kind of future we are capable of building.”

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Virginia governor: ‘I am disappointed’ in Supreme Court denial

Governor Glenn Youngkin tweeted, “I am disappointed that the Supreme Court declined to review Thomas Jefferson High School for Science and Technology’s admissions policy that penalizes high-performing students in the name of equity. This nation was built on the idea of building a better future through hard work and determination and we should recommit to those ideals. Admissions should be based on merit; we should embrace excellence and reward high achieving students.”

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Mother Jones: Supreme Court may be waiting for other PLF cases

According to Mother Jones, Justices Alito and Thomas’s dissent shows “their willingness to embrace a radical view of racial blindness in school admissions.” The progressive magazine also quoted law professor Sonja Starr, who accused PLF of being part of an “extreme colorblindness movement.” (Guilty as charged, we guess?) Other Justices may be sympathetic to Alito and Thomas’s views, Mother Jones suggested, but may be hesitant to take up another case on race and admissions so soon after the Harvard/UNC cases last year. Could the Court be waiting for a different case, like one of the many PLF is currently litigating?

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Coalition for TJ co-founder: ‘We remain steadfast’

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Asra Nomani, a co-founder of the Coalition for TJ, also tweeted her reaction. “The majority of the justices are wrong in their decision to allow veiled discrimination to persist in our K-12 school system,” Asra wrote. “While this may mark the end of our case, our battle continues against discrimination. We remain steadfast in our resolve. And hope that all Americans will also fight with equality as their North Star.”

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