Supreme Court Is Asked to Hear a New Admissions Case on Race

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


The US District Court was overturned, buddy.


They sure did. However, the 4th Circuit did not and cannot review ANY findings of facts by the trial court (US District Court) including the finding of fact related to the discriminatory intent. Appellate courts can only review questions of law.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.



Summary judgements are reviewed de novo
Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


The US District Court was overturned, buddy.


They sure did. However, the 4th Circuit did not and cannot review ANY findings of facts by the trial court (US District Court) including the finding of fact related to the discriminatory intent. Appellate courts can only review questions of law.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


The US District Court was overturned, buddy.


They sure did. However, the 4th Circuit did not and cannot review ANY findings of facts by the trial court (US District Court) including the finding of fact related to the discriminatory intent. Appellate courts can only review questions of law.


Summary judgments are reviewed de novo
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


The US District Court was overturned, buddy.


They sure did. However, the 4th Circuit did not and cannot review ANY findings of facts by the trial court (US District Court) including the finding of fact related to the discriminatory intent. Appellate courts can only review questions of law.


Summary judgments are reviewed de novo


De Novo Review

Mixed issues of fact and law are also reviewed under this standard though some mixed issues rooted in fact may be decided under the clearly erroneous standard which is a very high burden.
Anonymous
Anonymous wrote:Won’t they just demand to 4th circuit with instructions to reconsider in light of Harvard case? Didn’t the 4th cir case predate the Harvard decision? They don’t usually grant cert in such circumstances.


If they remand to the 4th, it will find that the Harvard case is inapplicable.

Because it is.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


The US District Court was overturned, buddy.


They sure did. However, the 4th Circuit did not and cannot review ANY findings of facts by the trial court (US District Court) including the finding of fact related to the discriminatory intent. Appellate courts can only review questions of law.


Summary judgments are reviewed de novo


De Novo Review

Mixed issues of fact and law are also reviewed under this standard though some mixed issues rooted in fact may be decided under the clearly erroneous standard which is a very high burden.



Clearly erroneous doesn't apply to a summary judgment decision. There are no finding of fact by a trier of fact entitled to any deference on this record.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


really? Can you put those quotes here? I haven't seen anything that said including in stuff Coalition for TJ has posted. What i have seen is COMMENTARY between a couple SB members reacting to a FCPS proposal and saying it seemed anti-Asian. That's not the same at all to me as messages saying the goal was to drive down Asian numbers.

Now, that said, yes i think in practice the goal was to reign in the situation whereby a group that makes up 20% of FCPS kids was making up more than triple that at TJ, particularly when the test prep anecdotes came to light indicating that it wasn't simply that this population had so many kids that were natural geniuses but rather that some parts of the the county were very intensively preparing to apply to TJ for many years in ways that FCPS wasn't aiming to continue encouraging.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Incredible that some of you are still fighting to remove Black kids from TJ. It's 2023 not 1960.


Nobody wants to remove black kids. We don't want any discrimination against any racial or ethnic group.


Then the current way is good. Glad we settled that.


The Fairfax County School Board members exchanged messages saying that Asian numbers should go down... The US District Court found as a matter of factual finding that the school system had racially discriminatory intent (messages) and that 'disparate impact' (Asian students going from about 74% to 54%) was established and ruled the new admission system unconstitutional as being discriminatory against Asians.


really? Can you put those quotes here? I haven't seen anything that said including in stuff Coalition for TJ has posted. What i have seen is COMMENTARY between a couple SB members reacting to a FCPS proposal and saying it seemed anti-Asian. That's not the same at all to me as messages saying the goal was to drive down Asian numbers.

Now, that said, yes i think in practice the goal was to reign in the situation whereby a group that makes up 20% of FCPS kids was making up more than triple that at TJ, particularly when the test prep anecdotes came to light indicating that it wasn't simply that this population had so many kids that were natural geniuses but rather that some parts of the the county were very intensively preparing to apply to TJ for many years in ways that FCPS wasn't aiming to continue encouraging.


DP. On your first point, you're spot on.

On your second point, I think you're sort of hovering around the reality of the situation...

The primary goal, I think, was to improve representation among Black, Hispanic, and most importantly low-income students. This is an important goal to achieve because application numbers from those cohorts suggested that they didn't see TJ as a realistic possibility or desirable for their kids. In conversations that I've had, this was a chicken-and-egg problem where historically, excellent Black students haven't applied because there weren't any kids at TJ who looked like them. I've seen Black students be admitted to TJ and turn down their offers of admission because during the admitted student night they didn't see anyone else who looked like them.

I am quite certain that if the new admissions process had played out and the results had been that the Class of 2025 was 70% Asian, 10% white, 10% Black, and 10% Hispanic with 20% low income, the School Board and Dr. Brabrand would have thrown a celebration. No part of this was ever about reducing the Asian population - it was about opening the doors to underrepresented populations.

In order to do that, the Admissions Office had to take steps like eliminating the application fee and the standardized exam (because both items are advantageous to high-income populations) and allocating seats to all schools (because AAP identification - especially on appeal - is also frequently correlated with income).

The fact that such moves also had a significant impact on the Asian population can be attributed to 1) the apparent dependence of Asian communities on expensive outside prep and 2) the tendency of Asian families (especially South Asian families of means) to self-segregate into narrow ethnic enclaves in Chantilly, Herndon, South Riding, and Ashburn. Neither of those two things are FCPS' fault. It also is not FCPS' fault that, especially in Northern Virginia, socioeconomic status can sometimes be a proxy for race.

Characterizing the desire to end the de facto segregation of TJ as anything other than laudable is monstrous behavior. What is happening is not happening at the expense of the Asian community - if anything, it is happening at the expense of the wealthy. It bears repeating that statistically the microdemographic that benefited the most from the admissions changes was low-income Asian students, who were essentially invisible prior to the changes and now constitute nearly 10% of the TJ population.

Who is the wealthiest demographic in the TJ catchment area? South Asians, by a longshot. But it is more palatable for them to pretend that they're being attacked on the basis of race than that a few of their children are simply a casualty of a worthwhile desire to give poor kids a chance to go to TJ.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Playing arm-chair lawyer here:

To prove a policy has disparate impact, plaintiff has to prove:
(1) establish an adverse impact caused by the practice
(2) does the practice have legitimate justification
(3) Is there any less discriminatory alternative.

I'd think allocated seats for top students in every FCPS school would be a solid practice.


You’re missing the point. The plaintiffs want to expand the prohibition on race-based diversity to include race-blind or race-neutral policies designed for racial diversity goals. And, as we know, the current Supreme Court is comfortable overturning precedent to meet its own end goals.


It is inarguable that the admissions process used prior to the changes for the Class of 2025 had disparate impacts both along racial and socioeconomic axes.

The logic of Judge Hilton's reasoning in the original District Court opinion would suggest that it's unlawful to seek to rectify any existing discriminatory policy because moving from, say, segregation to integration would have a disparate impact.

That logic is clearly garbage and that's why it was thoroughly raked over the coals by judges who warranted promotions that Hilton has never received.


You also need 'Discriminatory Intent' which the trial court found as a matter of factual finding not reviewable on appeals.


Of course it is reviewable. Discriminatory Intent was found based on the facts presented. An appeals court can rule that the facts as identified by the trial court do not rise to the level of discriminatory intent.
Anonymous
Anonymous wrote:
The fact that TJ students are now going to exist in such an environment from an earlier age is deeply frightening to parents - and to conservative politicians - who are dependent on the narrative that their race is superior because of their priorities and parenting styles. And you see that conversation peppered around this board as justification for why there were more Asian students admitted to the Class of 2024 than there had been Black students admitted in TJ's 33-year history to that point. Because "Black kids are lazy", "Black parents don't care about education", "Black people spend all their money on bling and shoes and video games", etc etc etc.


I saw a stem activity at our school, more than 50 kids every year. Number of blacks 0 or 1. This was when the fee for participating was $0.
Anonymous
I don’t think FCPS ever bothered to release data about the demographics of the Class of 2027. One gets the sense that, having changed the admissions process to placate the School Board members in the poorer magisterial districts with fewer qualified kids, they would now just like to crawl under a rock and avoid any further scrutiny.
Anonymous
Anonymous wrote:
Anonymous wrote:
The fact that TJ students are now going to exist in such an environment from an earlier age is deeply frightening to parents - and to conservative politicians - who are dependent on the narrative that their race is superior because of their priorities and parenting styles. And you see that conversation peppered around this board as justification for why there were more Asian students admitted to the Class of 2024 than there had been Black students admitted in TJ's 33-year history to that point. Because "Black kids are lazy", "Black parents don't care about education", "Black people spend all their money on bling and shoes and video games", etc etc etc.


I saw a stem activity at our school, more than 50 kids every year. Number of blacks 0 or 1. This was when the fee for participating was $0.


So what? Literally what is your point?
Anonymous
Anonymous wrote:I don’t think FCPS ever bothered to release data about the demographics of the Class of 2027. One gets the sense that, having changed the admissions process to placate the School Board members in the poorer magisterial districts with fewer qualified kids, they would now just like to crawl under a rock and avoid any further scrutiny.


I certainly haven’t seen it, and I’ve been looking. Makes you wonder.
Anonymous
Anonymous wrote:I don’t think FCPS ever bothered to release data about the demographics of the Class of 2027. One gets the sense that, having changed the admissions process to placate the School Board members in the poorer magisterial districts with fewer qualified kids, they would now just like to crawl under a rock and avoid any further scrutiny.


I am fairly confident that whatever is in that demographic information is going to REALLY piss someone off.
Anonymous
Anonymous wrote:
Anonymous wrote:
The fact that TJ students are now going to exist in such an environment from an earlier age is deeply frightening to parents - and to conservative politicians - who are dependent on the narrative that their race is superior because of their priorities and parenting styles. And you see that conversation peppered around this board as justification for why there were more Asian students admitted to the Class of 2024 than there had been Black students admitted in TJ's 33-year history to that point. Because "Black kids are lazy", "Black parents don't care about education", "Black people spend all their money on bling and shoes and video games", etc etc etc.


I saw a stem activity at our school, more than 50 kids every year. Number of blacks 0 or 1. This was when the fee for participating was $0.


Good for your school. Our kids' MS has only one even remotely stem activity- math club. That sounds great, except it's where students who are behind can go to get tutored by a staff member. I guess our kids deserve blame for not participating in more STEM clubs even though they don't exist
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