
Everyone knows it has no merit since the party calling foul is doing far better than any other group and occupies over 60% of all seats. A group of a similar size only occupies 5% and they're not complaining. |
If their order stood, the Admissions process for the Class of 2027, which is currently underway, wouldn’t be allowed to proceed. The stay, however temporary it is, will remain in place until the same three-judge panel that implemented the stay reverses the ruling. Harvard and UNC will have no bearing on TJ because those schools use race directly in the admissions process. FCPS, despite a lot of rather obvious misinformation here, does not with respect to TJ. |
Because the Fourth Circuit hasn’t issued its decision yet. The oral argument was pretty hostile to the coalition’s position, so if I were them I would be concerned about how the decision will come out. |
Reporting also suggests that the hearings themselves did not go well at all for the Coalition or the PLF. Heytens’ concurring opinion with respect to the stay was thorough and incisive and did a wonderful job of explaining how the logic of Hilton’s opinion would destroy the ability of any minority group (including Asians) to ever seek redress of a legitimate race-based grievance. Which is what you would expect out of an 81 year old white man who has been stuck on the District Court level for forty years. |
Part of the standard for granting a stay is that the party seeking the stay just demonstrate that it is likely to prevail on the merits. In granting the stay, the Fourth Circuit implicitly found that FCPS is likely to prevail in its appeal. SCOTUS declining to intervene signals they may agree that FCPS is likely to prevail. |
It's misinformation for you to say the district court ruling's no longer "stands." It has simply been stayed by the Fourth Circuit pending appeal, which is typical. Given the fact that the current SCOTUS is an activist conservative court, some expected the Court to intervene and overturn the stay, but it declined to do so at this juncture (which again is typical). It's also not accurate to say the Harvard and UNC cases will have "no bearing" on TJ. Even though those schools, unlike FCPS, use race directly in their admissions processes, there may be language in those decisions that affect how the lower courts ultimately decide to address the TJ case. Finally, one should not lose sight of the fact that the AG investigation into potential violations of the Virginia Human Rights Act will be a distinct matter from the case alleging a violation of the U.S. Constitution. Even if FCPS is found not to have violated the Constitution in the federal case, FCPS may yet be found to have violated the VHRA, which could give rise to sanctions on FCPS. Short version: FCPS is going to have a lot on its plate to defend when it comes to TJ for a long time. |
DP. You are grasping at straws here. |
No. SCOTUS declining to intervene signals that SCOTUS doesn't plan to get involved in every case still pending before an appellate court. If SCOTUS intervened in every pending appellate case, it would eliminate the need for lower appellate courts. |
So you wish. In case you haven't noticed, FCPS hasn't been doing too well in the courts on many fronts lately. |
I take it you’re not familiar with this Court’s use of the shadow docket. |
DP. I agree that SCOTUS not taking up the case doesn't signal anything, one way or the other. But the current posture of the case is that the Coalition has lost. It just hasn't been completely formalized yet. |
They're winning on this one. |
No, they lost at the District Court level and we are waiting for the Court of Appeals to rule on the merits. |
The only impact of FCPS having "lost" anything to this point in this mess is that the Class of 2026 was seated somewhat later than it should have been because of the delay caused by the initial, since-stayed ruling. The Coalition has won literally zero in terms of action items. That's great for them that they've gotten a sympathetic state government to engage in an investigation, but the investigation is going to turn up a clerical error. |
You sound desperate. We shall see how the Supreme Court rules on the Harvard case and how th AG's investigation comes out. ![]() |