The United States Supreme Court declined on Monday to take up a contentious case concerning race and public high school admissions in Boston, prompting sharp dissent from conservative justices who argued the policy amounted to unconstitutional racial discrimination.
The case centered on a 2021 admissions policy for Boston’s three selective high schools: Boston Latin School, Boston Latin Academy, and John D. O’Bryant School of Math and Science. The policy, aimed at increasing diversity, prioritized grades for 20% of seats while allocating the remaining seats based on geographic location, giving preference to students with higher grades.
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The Boston Parent Coalition for Academic Excellence, a group representing white and Asian parents, challenged the policy, claiming it constituted racial discrimination under the 14th Amendment’s Equal Protection Clause. However, both a federal judge and the 1st U.S. Circuit Court of Appeals upheld the policy, ruling it was race-neutral.
Justice Samuel Alito, joined by Justice Clarence Thomas, criticized the court’s decision not to hear the case, arguing there was “overwhelming direct evidence of intentional discrimination” and accusing the court of ignoring a critical constitutional issue. Justice Neil Gorsuch also expressed concerns about the policy but acknowledged that the fact it was no longer in effect factored into the court’s decision.
Alito wrote, “We have now twice refused to correct a glaring constitutional error that threatens to perpetuate race-based affirmative action.”
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The court’s refusal marks the second time it has declined to review admissions policies aimed at fostering diversity since its landmark decision last year to end the explicit consideration of race in college admissions.
In another education-related decision Monday, the court declined to hear a case involving a Wisconsin school district’s guidance on supporting transgender and nonbinary students.
The Eau Claire Area School District’s 2021 policy allowed school officials to withhold information from parents about a student’s gender identity in cases where there was a risk of non-acceptance at home. Parents Protecting Our Children, a group representing parents, argued that the policy violated their rights under the 14th Amendment’s Due Process Clause and the First Amendment’s Free Exercise Clause.
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Lower courts ruled that the group lacked legal standing to bring the case because they could not show direct harm to any members.
Conservative Justices Alito, Thomas, and Brett Kavanaugh dissented, with Alito writing, “This case presents a question of great and growing national importance.”
The Supreme Court’s decisions highlight ongoing legal battles over diversity-focused policies in education and the rights of parents in school settings. While the court declined to take up these cases, the sharp dissents from conservative justices indicate these issues will likely resurface in future legal challenges.
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