The U.S. Supreme Court has dismissed a request to block race-based admissions policy at an elite public high school in Fairfax County, Virginia, saying simply, “the request to vacate the stay to the Chief Justice and by him returned to the Court is denied.”
The unsigned order also said Judges Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the request to have the stay waived.
As Breitbart News reported, Thomas Jefferson High School for Science and Technology (TJ) — the nation’s top public high school — has been taken to court over an admissions policy that allegedly discriminates against U.S. students from Asian origin in the name of “equity”.
In February, a federal judge upheld the concerns, saying the policy was “infected with talk of racial balance.”
“The undisputed evidence demonstrates precisely how the Council’s actions have caused, and will continue to cause, substantial racial impact,” U.S. District Court Judge Claude Hilton wrote in his ruling. “The Board has instituted a system that does not treat all applicants to TJ [Thomas Jefferson High School] also.”
“Placing the Council’s actions in historical context, there is little doubt that its decision to revise TJ’s admissions process was racially motivated,” continued Hilton, an appointee of former President Ronald Reagan.
Despite this, in March a three-judge panel of the Fourth Circuit Court of Appeals voted to allow the school to temporarily maintain its discriminatory policy.
After issuing the order, Virginia Attorney General Jason Miyares (right) filed an emergency petition with the Supreme Court on behalf of the ‘Coalition for TJ’ – the group of parents, students and former students who initially filed a lawsuit against the school. Miyares said in an April statement:
Right now, there are innocent Virginians being unfairly treated and punished not for what they did, but because of who they are. Thomas Jefferson High School’s new admissions process is state-sanctioned bigotry — it’s wrong, and it’s the exact opposite of equality. As Attorney General, I will never stop fighting for equal treatment and protection for all Virginians.
Several state attorneys general have joined Miyares’ move, including those from Alabama, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah and West Virginia.
Until 2021, TJ based admissions on merit and did not consider race when admitting students.
Due to objective testing, it has consistently maintained a high percentage of Asian students (nearly 72% in the 2020-2021 school year), prompting the far-left school board FCPS to institute considerations based on race for entry.
The civil rights lawsuit argues that TJ violates the Equal Protection Clause of the Fourteenth Amendment.
The case is Coalition for TJ v. Fairfax County School BoardNo. 1:21cv296, before the United States Court of Appeals for the Fourth Circuit.
Breccan F. Thiès is a reporter for Breitbart News. You can follow him on Twitter @BreccanFThies.