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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Here is the case where the Supreme Court struck down using race as the basis to admit or deny students.  Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007)  It's pretty famous so clearly none of you clowns did well in Con. Law in law school.  The argument FCSB is trying to make is that racial balancing is NOT what is motivating the admissions change which THEY will have to show passes STRICT SCRUTINY.  Below is the most famous quote from the case by Chief Justice Roberts:

As counsel who appeared before this Court for the plaintiffs in Brown put it: “We have one fundamental contention which we will seek to develop in the course of this argument, and that contention is that no State has any authority under the equal-protection clause of the Fourteenth Amendment to use race as a factor in affording educational opportunities among its citizens.” Tr. of Oral Arg. in Brown I, p. 7 (Robert L. Carter, Dec. 9, 1952). There is no ambiguity in that statement. And it was that position that prevailed in this Court, which emphasized in its remedial opinion that what was “[a]t stake is the personal interest of the plaintiffs in admission to public schools as soon as practicable on a nondiscriminatory basis,” and what was required was “determining admission to the public schools on a nonracial basis.” Brown II, supra, at 300–301 (emphasis added). What do the racial classifications do in these cases, if not determine admission to a public school on a racial basis?   Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin. The school districts in these cases have not carried the heavy burden of demonstrating that we should allow this once again—even for very different reasons. For schools that never segregated on the basis of race, such as Seattle, or that have removed the vestiges of past segregation, such as Jefferson County, the way “to achieve a system of determining admission to the public schools on a nonracial basis,” Brown II, 349 U. S., at 300–301, is to stop assigning students on a racial basis. The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.
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A fabulous piece of legal writing by the Chief Justice. But what is at issue in this case is the removal of a process that [i]demonstrably[/i] has discriminated on the basis of race for entirely too long.

If you have been connected with TJ for any length of time during the entirety of its existence, and fail to comprehend that the previous admissions processes systematically excluded Black and Hispanic students, your ignorance is either willful or pitiable.[/quote]

"Systematically"  Please explain.  Are you saying that the admissions officers are not fairly evaluating a candidate if the are Black or Hispanic?  I believe the law suit in the 1990s from Professor of Llyod Cohen proved just the opposite.[/quote]

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