Normally, I might agree with this sentiment. My issue is that trying TJ for a year and then dropping back to the base school undoubtedly will harm kids significantly. They will feel like failures and have worse grades for college admissions than they would have had if they remained at base school. I think it's great to give kids a chance if you have every expectation that they're likely to succeed. It's morally questionable to push kids into TJ who aren't ready, just to score political points, and then wash your hands of them as soon as they struggle. Some sort of baseline proficiency test and teacher recommendations would go a long way toward ensuring that kids are not being set up to fail. |
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We should definitely open up high school sports team. Public high school sports have nothing to do with preparing athletes for pro sports. Those have that goal in mind should seek private clubs. They are meant to be an integral part of high school education experience.
We need to allocate more slots for Asians. The existing policy is not equitable. |
I'm the PP you intended to reply to. The "high" comment was a sarcastic reference to your "50,000 ft view". I am not a lawyer, but it's clear to me that you do not understand the procedural issues involved because you failed to mention them. Even now you are just making a superficial observation that the court could have vacated the stay but didn't, without giving any nuanced consideration as to why they acted in the way that they did that would support your claim that the "war is lost". Your reference to the new system becoming entrenched ignores the fact that intervening cases such as the one regarding Harvard and UNC will have set the necessary standards for the upcoming review in the appeals court. Of course, no one knows how the Harvard and UNC cases will turn out, but that is precisely the point: it's premature to claim that the "war is lost" for anyone who is informed on the topic at hand, whether it is the underlying facts, merits of the arguments, or the procedures of the courts. You appear to have little to no grasp of any of these concepts. Your original statement only mentioned "public schools". Your current attempt to draw distinctions among selective admissions of public institutions, limiting your scope to only secondary and lower schools, is completely arbitrary. You've provided no rational basis for making such a distinction based on facts or principles. While a student has a by-right privilege to attend their local high school, that privilege is not absolute - there are grounds for expulsion. In other words, the students have to meet a standard of conduct in order to remain in their local public high school. Again, just because the bar is set very low doesn't change the fact that there is a standard that must be met. Warm feelings based on proximity to an institution are not a recognized justification for admissions. People who are generational residents of Charlottesville VA do not enjoy automatic admissions into UVA. If you want to pursue an argument based on people feeling attachment to the schools they attend, this attachment is much stronger for colleges vs secondary and primary schools. When was the last time a fellow lawyer told you what high school he attended instead of which college or law school they went to? Once again, whether you think TJ leads to a better outcome, whether it is a good school choice, matters only to you. Other parents can and do feel differently and their subjective preferences are just as valid as yours. Your continued insistence that you know better than other parents about what's good for their kids shows that you need some training in recognizing and controlling hubris. Per your final note, you seem to be entirely unaware of the fact that TJ is funded by state and local taxes paid for by people who live in nearby counties, including parents of students that attend TJ. Given the often-cited statistics of TJ students coming from mostly affluent families, these same parents are likely the ones who pay the higher tax rates and own more expensive homes, and therefore pay higher property taxes. To the extent that they are among the upper end of the tax payment percentiles, they effectively subsidize the social services enjoyed by those who pay less taxes. |
For the n-th time for the benefit of the ignorant - facially neutral policies implemented with racist intent are still illegal. |
No, "happiness" in this case is admissions into TJ, and the pursuit is competing for admissions into TJ. |
You'll lose on this. The intent was to reduce overrepresentation which is not racist. If whites were overrepresented it wouldn't be "racist" to make more opportunities available to members of other groups. I'm reallyt tired of listening to your allegation of "racism" Again, plaintiffs are going to lose on this one. |
Wanting to serve a broader cross section of the county isn't racist. It's valid to want more kids from each MS admitted to TJ. Asian kids from all middle schools are given the same opportunity as everyone else under the new system. |
The 4th circuit seems to disagree with your framing of the issue. |
LOL, racial balancing is unconstitutional and illegal. There is no argument here. Do some research before you post again. |
4th circuit did not rule on the merits, only on the procedure. They have not yet reviewed the case on merit. Also, I didn't frame the issue, I was merely responding to a PP who incorrectly believes that a facially neutral policy is safe under strict scrutiny standards. |
For the n-th time for the benefit of the ignorant - racial balancing is unconstitutional and illegal. |
I practice law in this area. I stand by what I said. And your comment above that "facially neutral policies implemented with racist intent are still illegal" mixes two legal theories, and misstates one of them. Facially neutral policies may discriminate if they have a disparate impact, no 'Intent" is required to find discrimination. And if there is intent, well that's called intentional discrimination - and facially neutral never comes into it. |
I'm not so sure about this anymore. Efforts to open opportunities to minorities will necessarily affect other groups. It depends on how it is done. Claude Hilton just got it wrong; and you watch, the 4th Circuit will overrule. |
They would not have issued a stay if there was such an obvious constitutional violation as you seem to think. This decision, while not on the merits, does give a good indication how they will rule on the merits. |
You can claim to be an astrophysicist and stand by that the sun rises in the west, doesn't make it true. Under strict scrutiny standards, the intent is crucial for determining whether a facially neutral policy is legal even if it has a disparate impact. Finding discrimination is not enough for an action to be illegal/unconstitutional. For this reason, many policies that have demonstrable disparate impact are perfectly legal. Having underlying intent is not the same as intentional discrimination, which is commonly used to reference disparate treatment (as opposed to disparate impact). The "intentional" part of intentional discrimination is in the mechanism of the policy, not the underlying intent. For example, a policy that excludes blacks from entering a room is disparate treatment and is intentional discrimination. I can't believe I have to explain this to a lawyer who claims to practice law in this area, unless by "area" you mean geographical area instead of subject matter. |