
Does anyone know what happened at the argument in the Fourth Circuit last week? |
Not looking good for the Coalition for TJ based on current caselaw. That could change with the Supreme Court Harvard case, but FCPS looks like the clear winner from the hearing last week. |
As predicted, it's getting laughed out of court. Their case simply has no merit. You can't claim discrimination from a race blind process when you make up 15% of the population but manage to secure 60%+ of all seats. |
Delusional as usual. |
I think that's more or less what the judge concluded. |
https://www.reuters.com/legal/us-court-skeptical-challenge-elite-virginia-schools-admissions-policy-2022-09-16/ Same judges hearing the case that granted FCPS's request for a stay of Hilton's ruling. The news article (and Reuters is about as middle-of-the-road as you can get) seems to suggest that Heytens remains totally unconvinced by the "discrimination" narrative. |
Yep, it was a waste of time. The county was well within their right trying to expand access while maintaining a race blind admission. Their whole case is hinges on upholding the status quo as being the one and only true way to select students was flawed. |
Say the 4th Circuit rules 2-1 in favor of FCPS. The case could then go to the Supreme Court, which might grant cert and has a different make-up than the 4th Circuit. I assume everyone involved in this litigation knew it would involve multiple appeals. |
I think you are wildly overestimating FedSoc’s interest in this case. |
PP isn't complaining about it; PP is illustrating why a court will not see a valid legal claim of disparate impact discrimination against a minority population that holds a majority of seats. There are two ways to prove discrimination, one of which is disparate impact. Disparate impact is proved by statistics and this case doesn't have numbers on its side, which was PP's point. |
Now do disparate treatment (discriminatory intent). Also, in considering disparate impact, some would look at who was affected the most by the change, which is another statistic, and not just at whether a particular group remains “over-represented.” |
The intent was to level the playing field after there had been widespread cheating (e.g. people buying test answers). |
The intent was to reduce the percentage of Asian kids and increase the percentage of non-Asian kids living in three magisterial districts - Lee (now Franconia), Mason, and Mount Vernon - who couldn't get into TJ on merit. |
Stated in a legal non-discriminatory way: The goal was to provide for representation at TJ for all FCPS middle schools and thus serving all county tax districts and students overcoming financial or ESL challenges that have traditionally served as a bar to entry and a denial of this important population of FCPS student body the enhances the overall learning experience. |
Well, aren’t you the overt racist. |