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Cases We’re Watching: Affirmative Action Edition

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Dec 20, 2024
  • The Supreme Court has declined to review a high school admissions process for three competitive public high schools in Boston. Instead of relying on standardized tests, these three schools reserve seats for students with the highest GPA in each Boston neighborhood. The number of seats depends on the neighborhood’s population of school-age children based on zip codes in Boston. A nonprofit organization of parents sued, arguing that the zip code quota was designed to reduce the number of Asian American and white students who were admitted. As proof of discrimination, the nonprofit pointed to committee members ridiculing Asian students’ names and leaking text messages where committee members expressed animus towards white residents of certain neighborhoods. The Court of Appeals previously ruled that the nonprofit failed to establish that the zip code system disproportionately harmed Asian American and white applicants because those groups still held more seats than their share of the applicant pool. The nonprofit appealed to the Supreme Court. Two Supreme Court justices dissented on the decision not to review the policy, stating that the policy was tantamount to racial balancing and was unconstitutional.
  • A federal judge recently ruled that the U.S. Naval Academy may continue considering race as a factor in its admission process. At trial, the Academy argued that diversity strengthens the military, enhancing its effectiveness and reputation, and that the process was narrowly tailored to achieve the goal of creating an officer corps reflective of the nation it serves. The Academy also argued that race is only a minor factor in the admissions process and not a sole determinant for acceptance. The judge agreed and determined that the Naval Academy demonstrated a compelling national security interest in fostering a diverse officer corps, citing the unique needs of military readiness and national security.
  • Students for Fair Admissions (SFFA), the same nonprofit that brought the lawsuits against Harvard, University of North Carolina at Chapel Hill, and the Naval Academy, recently sued the Air Force Academy for its continued use of race-conscious admissions. The filing came just four days after the judge ruled in the Naval Academy case (discussed above). In the Supreme Court’s ruling on affirmative action last summer, it ruled that military academies have distinct interests in using race-conscious admissions programs, including promoting mission readiness, national security, and effective leadership.

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