Gorsuch calls out affirmative action for race discrimination
Supreme Court Justice Neil Gorsuch discusses controversy on SCOTUS ruling that affirmative action is a violation of the Constitution.
The Supreme Court rejected an appeal on Monday to take up a case of Boston parents claiming an admissions policy had discriminated against White and Asian students.
The Boston Parent Coalition for Academic Excellence sued over the city’s policy regarding three high schools: Boston Latin Schools, Boston Latin Academy and the John D. O'Bryant School of Mathematics and Science.
In 2020, these schools temporarily halted their entrance exam requirements due to the pandemic limiting their ability to have in-person examinations. They instead selected students based on their grade point averages and ZIP code.
The Supreme Court denied a case related to school admissions on Monday. ((Photo by Alex Wong/Getty Images))
Parents argued that this change violated the court’s 2023 decision regarding affirmative action after the number of White and Asian students decreased once this new policy was implemented.
GORSUCH MAKES IT CLEAR THAT NIXING AFFIRMATIVE ACTION WAS STOPPING RACE DISCRIMINATION
The Supreme Court ultimately rejected the case, with Justice Neil Gorsuch explaining the court has no need to hear it since the policy was revised.
"The parents and students do not challenge Boston’s new policy, nor do they suggest that the city is simply biding its time, intent on reviving the old policy. Strictly speaking, those developments may not moot this case. But, to my mind, they greatly diminish the need for our review," Gorsuch wrote.
The policy was only in place for one year and was replaced for the 2022-2023 school year with a plan that relies on standardized testing.
Justices Clarence Thomas and Samuel Alito dissented from the decision, describing the policy as "a glaring constitutional error that threatens to perpetuate race-based affirmative action."
In 2023, the Supreme Court struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies. (AP Photo/Jose Luis Magana)
"I would reject root and branch this dangerously distorted view of disparate impact. The Court, however, fails to do so today, so I must respectfully dissent," Alito wrote.
The Boston Parent Coalition for Academic Excellence originally sued the Boston School Committee in February 2021 on behalf of 14 anonymous students. Lower courts sided with the school system, claiming the admissions criteria were racially neutral.
The Boston School Committee further argued to the court that the case is no longer relevant and was implemented and ended prior to the Supreme Court’s affirmative action decision.
"The same students were eligible to apply again in 2022 under a new process that they do not challenge, and (if they applied) were either unsuccessful or already admitted," the committee wrote.
Boston parents alleged city schools discriminated against White and Asian students based on its temporary admissions policy. (Reuters)
Fox News Digital reached out to the Boston Parent Coalition for Academic Excellence for a comment.
The Supreme Court ruled in a 6-3 decision in Students for Fair Admissions v. Harvard that said using race as a factor in college admissions violated the 14th Amendment's Equal Protection Clause.
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