Dennis Lavoy
Associated Press
ALEXANDRIA, Va. (AP) — A federal appeals court granted the Northern Virginia school system’s request to continue using a challenged admissions policy at a highly selective high school, while criticizing a ruling that the policy discriminates against Asian Americans U.S. students appealed the ruling.
Fairfax County Public Schools can continue to use its new admissions policy at Thomas Jefferson Tech High, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit said in a March 31 ruling.
U.S. District Judge Claude Hilton rejected the new policy in a February ruling, saying an unacceptable “racial balance” was at its core. This prestigious school near the capital is often referred to as “TJ” and is regularly ranked as one of the best public high schools in the country.
Last month, Hilton also rejected a request by the school system to delay enforcement of its ruling. But the Fourth Circuit said in a 2-1 decision that the school board had met a legal requirement to suspend Hilton’s order while its appeal is pending.
The Fourth Circuit panel agreed with school officials, arguing that implementing Hilton’s ruling now would throw the selection process into chaos as the selection process for the freshman class is underway.
Judge Toby Hytens wrote that he had “serious doubts” about Hilton’s conclusions “about the disparate impact and discriminatory purpose of the new admissions policies.”
“In my opinion, the appeal of the appellant, the Fairfax County Board of Education, is likely to succeed,” Hytens wrote.
In dissenting opinion, Judge Alison Jones Racine said it would not be in the public interest to set Hilton’s ruling on hold while the school board appealed his decision. Jones said any logistical difficulties or inconveniences associated with changing admissions policies at such a late date “simply outweighed a violation of constitutional rights.”
“Everyone—even temporarily frustrated applicants and their families—will ultimately benefit from a public school admissions process free from unconstitutional discrimination,” Racine wrote.
The case has come under scrutiny as courts continue to assess the role race can play in deciding who should be admitted to a particular school.
Earlier this year, the U.S. Supreme Court agreed to hear a similar case accusing Harvard of discriminating against Asian-Americans in its admissions process.
