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The Pacific Legal Foundation filed a lawsuit against Brabrand and the School Board today in federal district court on behalf of a primarily Asian advocacy group alleging the changes to the TJ admissions process were racially motivated and violate the Equal Protection Clause.
https://pacificlegal.org/wp-content/uploads/2021/03/Coalition-for-TJ-v.-Fairfax-County-School-Board.pdf This one will require more resources to defend than the one filed in local court. Why is Brabrand subjecting FCPS to such litigation risk over and over again? He got hired saying "the main thing was the main thing." People naively thought he meant academics; instead, it's turned out to be "equity" initiatives that invite judicial challenges. |
This, like the other lawsuits, is going absolutely nowhere. The families of the eighth graders are not going to get their injunctive relief - it was already denied in another case - and once the die is cast in the admissions process and students are admitted, they will almost certainly remove their names from the lawsuit. (By the way, several of the litigants are almost certain to gain admission.) FCPS is many things, but one thing they're not is willing to put themselves at risk of litigation. The entire reason this process took so long was because Brabrand was ironing out any possibility of legal challenge. By far the most effective department in FCPS is Legal, and it has to be because of nonsense like this. I'd like to ask this question: Why is admission to TJ so important to these communities? |
I believe it's the discrimination against them because they are Asian that is problem. |
Oh boy, another arm chair lawyer telling us the case will go nowhere. I remember the last case you arm chair lawyers telling us it was going to be dismissed due to lack of standing. Read the lawsuit before you start spouting off. |
In the other case, they filed a motion for a preliminary injunction that was denied. The request for an injunction if successful in the lawsuit is still pending. The complaint posted in the link is asking for an injunction as a remedy for an equal protection violation. An injunction would absolutely be part of the remedy if they win. Where did you go to law school? |
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My recollection is that the action in state court was focused on an alleged failure to comply with state-law requirements relating to Governor's Schools. The new case alleges an equal protection violation under the U. S. Constitution. The underlying facts may not have changed but the alleged violations are totally different. And just because a circuit court judge in Fairfax concludes a particular exam didn't have to be administered doesn't mean a district court judge in Alexandria may not conclude there was discriminatory intent (against Asian students) in revising the admissions process.
And, regardless of how this case is decided at the district court level, given the nature of the claims there is a good chance of appeal to the 4th Circuit and then perhaps even the Supreme Court. At a minimum, FCPS will have to pay for briefs to be prepared at every stage of the litigation; if the plaintiffs are allowed to conduct discovery, that will cost even more money to defend. I hope Brabrand and the School Board knew they were inviting this when they revamped TJ admissions to make a few local advocacy groups happy. |
| closing TJ renders the controversy moot and saves all of that litigation money |
I can't speak fully for the local Asian-American community, but I believe they feel they are discriminated against in many aspects of American society and that STEM has been an area where, if their children receive a strong educational foundation, they will be able to compete on a level playing field and succeed professionally as adults. From their perspective, the admissions process that has been in place for years was fair and largely objective, and they believe it is anti-Asian sentiment that led a White Superintendent and a majority-White School Board to label TJ, with its majority Asian population, "toxic" and effect changes that clearly would have the effect of reducing, and likely were designed to reduce, the number and percentage of Asian students at the school. Obviously, some think the community is "over-invested" in TJ, but if that's your view you should also ask why admission to TJ was so important to other communities that they demanded a change in the process. |
because the NAACP made it clear that they would have filed the same suit with out changes and, unlike the plaintiffs here, they would have case law on their side |
Unlikely. NAACP complaints about the prior admissions system at TJ were filed with the Education Department under Obama and went nowhere. If all you have is a difference between the percentage of Black and Hispanic kids in FCPS and the percentage of Black and Hispanic kids at TJ, that won't get you very far. |
Education was seen as a way to escape extreme poverty? In imperial china anyone who passed a series of exams could join the civil service and gain wealth and power for a period of 2000 years. It was the first and longest lasting meritocracy. These people were known as scholars. I'm not familiar enough with indian History to answer your question. In both communities STEM is viewed as a more respectful occupation than in other cultures. For example you will find that many government officials in east asia have a stem background rather than a law background. Also in both societies they have a national examination system, and as such you have to test in to certain schools. Test scores are everything rather than the "balanced" student US universities and high school look for. At least in east asia this testing system exists for public high schools as well. Everyone wants to be in the best high school so they are better prepared for entry to the best college. |
Sorry forgot to mention that in imperial china civil service positions and the scholar class was NOT hereditary. |
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What is the big deal! I don’t think it’s discriminating against a specific group. The fact that there is a lawsuit tells me that this community feels entitled to this school. It’s a public school. Funded with public funds. If they want a prestigious stem school, there are plenty private options that offer scholarships if needed.
The entitlement is what gets me. Th idea of lawsuits to get their way. I am a non Asian minority. I am not interested in getting my gifted children to apply or go that particular school. |
Good grief, another ass-clown that doesn't know what they are talking about posting about case law which they know nothing about. You are wrong. |