Justices Alito and Thomas slam decision not to hear school admission case

By 
 February 23, 2024

Many conservatives were disappointed this week when the Supreme Court refused to hear arguments on a school admissions policy that critics say discriminates against Asians.

Their disappointment was shared by Justices Samuel Alito and Clarence Thomas, who objected to the decision in a sharply worded dissent. 

Race-based admission policy allowed to stand

According to Fox News, the lawsuit was brought by a coalition of parents of students at Virginia's Thomas Jefferson High School.

The plaintiffs maintain that by using race as a factor when it comes to selecting who to admit to the school is in violation of a ruling the Supreme Court made last year on the use of affirmative action by colleges.

By refusing to hear their appeal, the nation's highest judicial body is allowing an earlier decision against by the Fourth Circuit Court of Appeals to stand.

Alito slammed the move in his 10-page dissent, writing, "What the Fourth Circuit majority held, in essence, is that intentional racial discrimination is constitutional so long as it is not too severe. This reasoning is indefensible, and it cries out for correction."

Alito says public magnet schools are "engines of social mobility"

"Asian-American students, many of whom are immigrants or the children of immigrants, have often seen admission to TJ as a ticket to the American dream," he continued.

"In this respect, their aspirations mirror those of young people from other immigrant groups," the Republican appointee stressed.

Alito noted how public magnet schools like Thomas Jefferson High "have served as engines of social mobility by providing unique opportunities for minorities and the children of immigrants."

He went on to point out that "these students' subsequent careers have in turn richly contributed to our country’s success."

Alito calls ruling "indefensible"

Alito also asserted that the Fourth Circuit's reasoning was "indefensible" as it would permit the school to adopt a policy aimed exclusively at reducing the number of Asian students admitted.

"The holding below 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," he complained.

Joshua Thompson is a senior attorney with the Pacific Legal Foundation, which helped the parents bring their suite. He told Fox News that "the Supreme Court missed an important opportunity to end race-based discrimination in K-12 admissions."

"Discrimination against students based on their race is not only ethically wrong but also a clear violation of the Constitution's guarantee of equal protection," Thompson added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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