
It would not be "shocking" if the 4th Circuit also denied the stay. I haven't been following the district court stay proceedings, but FCPS will presumably argue irreparable harm in the absence of a stay. But the potential harm to applicants denied under the existing (invalidated) policy is significant and it may be hard for FCPS to show that the balance of harms (another prerequisite for a stay) favors a stay -- on paper, the possible constitutional harm to applicants from being denied admission under a policy the district court has already found to be unconstitutional outweighs the hardship FCPS might face from using a different admissions policy (i.e. the old policy!) while the appeal proceeds. The outcome will likely depend, in part, on the makeup of motions panel that considers FCPS's petition -- and the 4th Circuit tilts to the left -- but, objectively, FCPS does not have a clear cut winner of a stay argument (in fact, the odds likely favor denial of a stay). |
If you find a school process is racist then you wouldn't grant a stay to allow the racist process to remain in place. Racism is more harm to kids than reverting to an old admission system. |
DP. So this was my understanding: that historically Black applicants were low in number and that this partially explained the very low admissions numbers of Black students. But someone upthread stated that all/nearly all qualified Black students had applied in previous years but mostly had been rejected (rather than choosing not to apply or choosing not to attend). Which is correct? |
C4TJ has two primary complainants and one of them has students who were admitted both under the previous and under the new admissions policy. There are over 2,500 applicants to TJ who will be impacted by a significant delay in the process, not to mention the domino effect on both TJ and the other public schools who are making hiring decisions and scheduling courses based on the eventual results of this process. |
The latter. Not anywhere close to all Black applicants had applied via the previous process. |
And since no one has been prepping for the old test, the numbers will look more natural for this incoming class. Making everyone look foolish. Win! If prepping (or more) starts again next year, well, maybe the complainers will have moved on by then. Maybe everyone will forget. |
Balance of harms looks not at just the two primary complainants, but everyone who would be impacted by an unconstiutional policy. I don't have a horse in this race, but it is far easier for FCPS to use a different admissions system this year (any system that passes constitutional muster) than to unwind this year's admissions if the 4th Circuit affirms. Important to remember that, as a matter of law, the "2,500 applicants to TJ" don't have a right to have their applications considered under any particular admissions system, just a right to one that is constitutional (and otherwise lawful). So there is no legal harm to current applicants from changing to a different admissions system for this year. (At the extreme, FCPS could -- for example -- just put every application into a big bucket and randomly select those who are admitted. As dumb as that sounds, it would certainly be constitutional. While that would obviously never happen, it shows that FCPS isn't facing any present irreparable harm.) |
At this point I could almost see a pure lottery. Just a big screw you. |
Doubt it. Students are struggling with the workload so they know they can't bring in random lottery applicants. |
Where are you hearing that? And besides, TJ freshmen have ALWAYS struggled with the workload. |
This is a bizarre thing to say. Admissions for a magnet or governor's school isn't easy, no matter how it's done. Just waving your hands and saying "Now do a new admissions process that is constitutional" is silly and unserious. |
Then they should not have been so racist in the first place. |
You bolded only half of a comparative statement ("far easier . . . than . . .") that is certainly accurate. The statement didn't say it was easy, just easier than the alternative. |
It's openly discussed within the school. I'm not talking about those no longer there. |
It’s ALWAYS openly discussed within the school. |