U.S. Appeals Court Upholds Admissions Policy of Virginia High School, Rejects Discrimination Claims

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published May 25, 2023

U.S. Appeals Court Upholds Admissions Policy of Virginia High School, Rejects Discrimination Claims

A U.S. appeals court upheld the admissions policy of a highly selective Virginia high school on Tuesday, aimed at promoting diversity and rejecting claims of discrimination against Asian-American students. The Richmond-based 4th Circuit U.S. Court of Appeals concluded that the Fairfax County School Board did not have any discriminatory intentions when it revamped the Thomas Jefferson High School for Science & Technology admissions policy in 2020.

The Fairfax County school board decided to revise the policy in response to concerns about the lack of racial diversity at the prestigious Alexandria, Virginia, which consistently ranks among the top public high schools in the United States. The board eliminated standardized test requirements and implemented guaranteed slots for students from each eligible middle school. However, a parent group called Coalition for TJ argued that the policy was an unconstitutional attempt to achieve "racial balance" at the school. In the first year of implementation, the percentage of Asian-American students declined from 73% to 54%.

Judge Robert King, an appointee of former President Bill Clinton, stated in the 2-1 majority opinion that the board had a good interest in broadening the range of student backgrounds at the school. On the other hand, Judge Allison Rushing, an appointee of former President Donald Trump, dissented and argued that the policy displayed a clear racial motivation and undeniable racial outcome.

United States
The U.S. Supreme Court is expected to decide by the end of June regarding the legality of race-conscious admissions policies in American colleges. Unlike the Virginia school's approach, universities involved in those cases can directly consider race in their admissions decisions. Erin Wilcox, a lawyer representing the Coalition for TJ with the conservative Pacific Legal Foundation, expressed disappointment with the ruling and stated that the group intends to appeal to the Supreme Court.

John Foster, a lawyer representing the Fairfax County School Board, expressed satisfaction with the court's decision, believing it to be correct.

This recent ruling by the appeals court overturns the federal judge's decision from last year that declared the policy invalid.
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