Reply to New TJ Lawsuit Filed 3/10/21 by Pacific Legal Foundation

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]From the lawsuit Reply Brief for PI Motion being argued on May 21:

Unlike the present case, the state lawsuit was a case of first
impression turning on questions of state law and did not allege that the challenged admissions
policy discriminated against Asian-American applicants in violation of their Equal Protection
rights. See K.C. v. Fairfax Cty. Sch. Bd., No. 2020-17283, Order on Demurrer at 3 (Jan. 21, 2021).
Those issues were thus not before the court. Although the state court ultimately denied the parents’
motion for a preliminary injunction after an evidentiary hearing, it had harsh words for Defendant

"School Board, Defendant Brabrand, and the challenged admissions policy:
To suddenly cancel a November test in October suggests a rush to judgment and
not a deliberate process. Even accepting the rationale that standardized tests
unfairly eliminated qualified candidates who had a “bad testing day,” why eliminate
the tests altogether? Why not just give the test results less weight than what had
been previously granted absolute finality? Why not allow students to take the test
without making test scores either a precondition for the application process or a
decision factor for admission? The standardized test scores became a barrier to
admission because the admissions committee made them a barrier. In approaching
a holistic consideration of qualitative and quantitative components in the selection
process, why not keep the data offered by standardized testing as a relevant factor?
* * *
The recent proposal of offering a spot at TJ to the top 1.5% of students at every
middle school suffers the same arbitrary and capricious flaw as any other quota
system. That system creates more questions than answers. For example, what
happens to the students who attend schools that attract a large population of gifted
students? How will the quota define who falls within the top 1.5% of a school
designed solely for gifted students? What if a middle school has an overabundance
of students in the top 1.5% of their class who are uninterested in STEM? Why use
a quota system when educational policies that foster diversity are permitted and
encouraged, allowing academic institutions to consider the role of locality and
personal experience as relevant factors in admissions decisions? Many reasons exist
why quotas are controversial and disfavored."

Order on Motion for Preliminary Injunction at 16–17 (Fairfax Feb. 2, 2021). [/quote]
If this is Pacific's best argument they are going to looooooose badly.[/quote]

That's not their best argument, or even an argument, it was just a quote from the state court judge ripping the Board for the changes.  Read the brief someone just posted.  It was pretty compelling.  I though everyone knew the changes were being made because the current admissions was resulting in a vast majority of students admitted being Asian American and with very few URMs getting in.  If that is illegal like they say in that brief, they will win for sure.  [/quote]

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