Court: TJ's New Admission Policy Does Not Discriminate

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

[Anonymous]

Anonymous wrote:

Anonymous wrote:from WAPO:

“The challenged admissions policy does not disparately impact Asian American students and that the Coalition cannot establish that the Board adopted its race-neutral policy with any discriminatory intent,” the 4th Circuit opinion, written by Judge Robert B. King, reads."

Dropping 20% seems to prove otherwise.

So if a school were to integrate, and for the first time have minority students, does that mean it's discriminatory because the number of white students dropped the next year? Of course not.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:from WAPO:

“The challenged admissions policy does not disparately impact Asian American students and that the Coalition cannot establish that the Board adopted its race-neutral policy with any discriminatory intent,” the 4th Circuit opinion, written by Judge Robert B. King, reads."

Dropping 20% seems to prove otherwise.

So if a school were to integrate, and for the first time have minority students, does that mean it's discriminatory because the number of white students dropped the next year? Of course not.

Precisely. The University of Virginia was not discriminating against male students when it began admitting female students full-time in 1970, even though the result (which was easy to anticipate and completely intentional) was that fewer spots would be available for male students.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

If the supreme court takes up a case like this, I doubt it will be TJ. Geographically allotted seats is a conservative solution to SES diversity without affirmative action. UT is the great example of conservative admissions reform. This Court is not going strike down that concept

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

If the supreme court takes up a case like this, I doubt it will be TJ. Geographically allotted seats is a conservative solution to SES diversity without affirmative action. UT is the great example of conservative admissions reform. This Court is not going strike down that concept

The part of the admissions process that I think is most vulnerable is the experience factors. I could easily see bonus points for SES being viewed as a unacceptable proxy. I agree with you that it's harder to justify removing the geographic allocation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

PP here. This was needlessly aggressive, especially since you have no idea of my views on the merits (for the record, I think the four circuit’s opinion is very strong). I was simply commenting on how the possibility of more classes being admitted under the current system is unlikely to be a consideration on a cert petition because that’s not now SCOTUS works.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

I think those who assume the current SCOTUS would definitely overturn the Fourth Circuit’s decision aren’t thinking the argument all the way through to its logical conclusion.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

If the supreme court takes up a case like this, I doubt it will be TJ. Geographically allotted seats is a conservative solution to SES diversity without affirmative action. UT is the great example of conservative admissions reform. This Court is not going strike down that concept

The part of the admissions process that I think is most vulnerable is the experience factors. I could easily see bonus points for SES being viewed as an unacceptable proxy. I agree with you that it's harder to justify removing the geographic allocation.

Except that the bonus points for SES seemingly boosted the odds of admission for a bunch of Asian students, which cuts against the Coalition’s argument.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

I think those who assume the current SCOTUS would definitely overturn the Fourth Circuit’s decision aren’t thinking the argument all the way through to its logical conclusion.

I hope you're right, but I have no expectation that the current SCOTUS will think the argument all the way through to its logical conclusion. They were put in their position to protect the interests of the wealthy and to harm the interests of Black and Hispanic people and it isn't really any more complicated than that.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

If the supreme court takes up a case like this, I doubt it will be TJ. Geographically allotted seats is a conservative solution to SES diversity without affirmative action. UT is the great example of conservative admissions reform. This Court is not going strike down that concept

The part of the admissions process that I think is most vulnerable is the experience factors. I could easily see bonus points for SES being viewed as an unacceptable proxy. I agree with you that it's harder to justify removing the geographic allocation.

Except that the bonus points for SES seemingly boosted the odds of admission for a bunch of Asian students, which cuts against the Coalition’s argument.

Oh, we agree there. Even so, this Court - I believe - would happily throw poor Asians under the bus to advance the interests of rich Asians.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m so glad that the Court dug into Asra’s lame attempt to turn the text messages and emails into “the TJ papers”.

The depths of her bad faith know no bounds. An embarrassment to her family - including, quite publicly, her son - her race, her community, her profession, and the institutions that have employed and continue to employ her.

Sadly, her attempts to burn everything to the ground will have her laughing all the way to the bank, but at what cost?

A district court and one appellate judge on the three-member 4th Circuit panel agreed with the Coalition’s claims. If the case reaches the Supreme Court, the 4th Circuit decision stands a good chance of being reversed. Realistically, everyone involved in this litigation knew there would be multiple appeals.

1) That’s a big, big if. It’s a weak case, full stop. It’s hard to see how the Supreme Court benefits at all from granting cert in this case.

2) The Court already had a shot at this when the Coalition requested that the 4th Circuit’s original stay back at this time last year be vacated. They voted 6-3 not to vacate, leaving the process up and running for the Class of 2026. Not much has changed since then.

Alito, Thomas, Barrett, Gorsuch - that’s enough to grant cert right there.

Barrett wasn’t interested last time.

She tends to vote against emergency cases.

That’s a reach. If this were really a big deal worth litigating, why would she let three classes be selected under an unconstitutional policy?

DP. Are you familiar with how SCOTUS works? There are lots of issues of far greater importance than this where SCOTUS repeatedly rejects cert petitions for years while allowing the issue to percolate before eventually taking it up.

You need to get a grip. It seems unlikely that even the wacky hardcore conservatives that make up today's supreme court would consider a race-blind selection process that selects 60%+ Asians as biased against Asians.

It depends. Federal courts don't want to become full-time admissions offices or school boards. They have other, more interesting things to do.

On the other hand, the Supreme Court is very conservative and the Fourth Circuit decision could be seen as standing for the proposition that it's OK for a government entity to deliberately discriminate against one group (here, Asian students) as long as they are "over-represented" based on some type of statistical data. They might grant cert just to eviscerate that concept, although at the end of the day it would mean FCPS could come up with a new, similar admissions process that simply wasn't tainted with discriminatory intent, as several judges have found to have been the case with respect to the 2020 process.

As has been explained as nauseam on this thread, any theoretical discriminatory intent that tainted the conversation came from Brabrand and was with respect to the merit lottery process that was rejected by the School Board. The merit lottery was a bad idea and that’s why it’s not in use. Leave that part of the conversation out of your argument unless you are willing to address that key point - which no one has come close to doing so far.

The old process contained elements that, beyond a shadow of a doubt, provide significant disadvantages to applicants from lower socioeconomic backgrounds. It is extremely tortured reason to argue that the removal of those advantages for well-off families constitutes discrimination against them.

What you are arguing for is the cementing of historical privilege. Full Stop.

Reasonable people can disagree about what TJ should look like and what the qualifications should be - that’s why we have School Board elections. Reasonable people cannot disagree about the rights of a School Board to establish a race-blind admissions process in an attempt to eliminate advantages for kids with resources and motivated parents.

You seem rather tortured about it all, which makes me think you are in fact worried the Supreme Court will grant cert and reverse the Fourth Circuit decision.

I don't know that this will happen. I'm just confident that those who announce with certainty that the Court won't grant cert are engaging in wishful thinking. If there were three justices willing to intervene earlier, which would have been truly extraordinary, there may well be four willing to take up the case now that the Fourth Circuit has purported to rule on the merits.

I don't see many people announcing with certainty that the Supreme Court won't grant cert - what I see is people saying (correctly) that it's not a slam dunk that they will. Indeed, if they do, it seems a matter of course that they'll overturn the Fourth Circuit decision, which will require the School Board (however it is comprised at that time) to come up with a new way to accomplish largely the same goals.

Also, the Fourth Circuit HAD more or less purported to rule on the merits previously. Heytens issued a concurring opinion to the stay order that ended up being longer (and frankly, better written) than King's eventual opinion.

I think those who assume the current SCOTUS would definitely overturn the Fourth Circuit’s decision aren’t thinking the argument all the way through to its logical conclusion.

I hope you're right, but I have no expectation that the current SCOTUS will think the argument all the way through to its logical conclusion. They were put in their position to protect the interests of the wealthy and to harm the interests of Black and Hispanic people and it isn't really any more complicated than that.

A big thank you and middle finger to the Federalist Society on this one.