Supreme Court Rejects Affirmative Action, Upholding Racial Discrimination in College Admissions: A Dangerous Precedent

Supreme Court Rejects Use of Race in College Admissions, Conservatives Dissent

In a recent decision, the U.S. Supreme Court declined to hear a case challenging a Virginia high school’s admissions program that allegedly discriminates against Asian Americans. This decision has sparked fiery dissent from two of the court’s conservative justices, Samuel Alito and Clarence Thomas.

The case in question involves Thomas Jefferson High School for Science and Technology, a prestigious school in Alexandria, Virginia, known for its rigorous curriculum and as a pathway to Ivy League universities. A coalition of parents at the high school argued that the admissions program indirectly filters for race, violating the Supreme Court’s ruling on affirmative action in college admissions.

The Supreme Court had previously ruled in June 2023 that the use of race as a factor in college admissions is a violation of the Equal Protection Clause of the 14th Amendment. Justices Alito and Thomas disagreed with the court’s decision to deny hearing the case, calling the lower court’s decision “patently incorrect and dangerous.”

According to Alito, the Fourth Circuit majority’s reasoning suggests that intentional racial discrimination is constitutional as long as it is not too severe. He argued that this reasoning is indefensible and in need of correction.

The admissions process at Thomas Jefferson High School has faced accusations of racial discrimination, with critics claiming that it disproportionately affects Asian American students. While the school does not explicitly consider race in its admissions process, it uses geographic quotas and factors in income to address racial disparities among its student body.

The Coalition for TJ, a parents group represented by the Pacific Legal Foundation, filed a lawsuit arguing that these practices were unconstitutional and discriminated against Asian American students. They believe that admission to Thomas Jefferson High School is seen as a ticket to the American dream for many Asian American students.

Alito emphasized that magnet schools like Thomas Jefferson, with competitive admissions based on standardized tests, have historically provided opportunities for minorities and children of immigrants to achieve social mobility. He argued that these students’ success has contributed significantly to the country.

The dissenting justices criticized the Court of Appeal’s decision, stating that it effectively allows official actors to discriminate against any racial group as long as that group outperforms others. They called for the decision to be wiped off the books, expressing disappointment in the Supreme Court’s refusal to do so.

Conservatives, including Republican lawmakers, applauded the Supreme Court’s previous ruling on affirmative action, considering it a victory for all Americans. However, they view the court’s decision to decline hearing this case as a missed opportunity to address race-based discrimination in K-12 admissions.

The Pacific Legal Foundation’s senior attorney, Joshua Thompson, expressed disappointment in the court’s decision, emphasizing that discrimination based on race is both ethically wrong and a violation of the Constitution’s guarantee of equal protection. He believes that schools should evaluate students as individuals rather than as groups based on racial identity.

On the other hand, Fairfax County School Board Chair Karl Frisch defended the new admissions process, stating that it is both constitutional and in the best interest of all students. Frisch claimed that the process ensures a fair shot for qualified students from all neighborhoods in Fairfax County to attend the high school.

While the Supreme Court’s decision not to hear the case has disappointed conservatives, it remains to be seen whether this issue will continue to be debated and litigated in the future.

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