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Appeals Court Upholds TJHSST Admissions Policy

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Dick Hall-Sizemore
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Thomas Jefferson High School for Science and Technology

by Dick Hall-Sizemore

For all the ink that has been used on this blog concerning the “illegal” and “unconstitutional” new admissions policy at the Thomas Jefferson High School for Science and Technology, here is a story that has strangely escaped comment here:  the federal appeals court has upheld the policy.

In a 2-1 decision, the appeals court panel found that the group challenging the new admissions policy as discriminatory toward Asian Americans “cannot satisfy its burden of proving that the Board’s adoption of the race-neutral challenged admissions policy was motivated by an invidious discriminatory intent, whether by way of “racial balancing,” “proxies,” or otherwise.”  Furthermore, the panel ruled that “expanding the array of student backgrounds in the classroom serves, at minimum, as a legitimate interest.”

It is expected that the decision will be appealed to the U.S. Supreme Court.  There is speculation in legal circles that the plaintiffs are “laying the groundwork for a much bigger legal transformation” that could ban any public policy effort to close racial gaps.

 

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45 responses to “Appeals Court Upholds TJHSST Admissions Policy”

  1. Stephen Haner Avatar
    Stephen Haner

    No ink, just electrons, but yes, the failure of those who have written so much about this to acknowledge the loss was pretty obvious. I expected at least a defiant “here are our grounds for appeal.” The ruling was not a surprise. The school board elections in those jurisdictions will determine the future policy, not some court.

    1. Nathan Avatar
      Nathan

      Off topic, but I’m curious if you think the story below will impact Virginia.

      Manchin Gets Mountain Valley Pipeline Deal Into Debt Bill

      https://finance.yahoo.com/news/manchin-gets-mountain-valley-pipeline-233930195.html

      1. kls Avatar
        kls

        Good, clean, and affordable energy for economic development and homes in communities of color in both Virginia and NC.

      2. Joe Jeeva Abbate Avatar
        Joe Jeeva Abbate

        The MVP will pipe gas into areas already receiving less expensive gas from the Transco pipeline. The energy bills will increase for all since a surcharge must be added to pay for the billions that the MVP will cost to build, so the energy is more costly. There will be an increase in methane release all along the pipeline but most of the increase will be in and around the compressor stations all down the line. According to PHMSA there are an average of 10 pipeline accidents per month that result in damages to property, livestock, or humans. If you are aware of climate science, it’s clear that more methane will be released into the atmosphere, resulting in adding to climate change impacts that impact us all.

        Renewable, clean and safe energy is becoming less expensive to develop and to purchase as time passes. Ultimately, the business case will win out for renewable energy over the cost of building, managing, and selling gas via pipelines. MVP investors look to gain an est. 14% net corporate profit guaranteed by FERC for just building a pipeline if it is needed for domestic consumption. Is it actually needed domestically or will it be pumped to the Cove Point, MD LNG Terminal to be shipped overseas?

        Farm owners, communities, and residents all along the proposed pipeline path are concerned about their safety and their right to private property. If the gas is to meet domestic need, then the MVP builders can claim ’eminent domain” to force property owners to relinquish their property rights so that the the MVP can build the pipeline right through their property against their will. A key issue is whether the pipeline is honestly being built for meeting domestic demand or for only corporate profit at the cost of private property and more expensive energy.

        Thanks for the discussion.

  2. James Kiser Avatar
    James Kiser

    Well they could try closing the gaps with hard work but where is the fun in that.

  3. Eric the half a troll Avatar
    Eric the half a troll

    “There is speculation in legal circles that the plaintiffs are “laying the groundwork for a much bigger legal transformation” that could ban any public policy effort to close racial gaps.”

    Because diversity is a bad thing, don’t cha know…!

    1. kls Avatar
      kls

      Some years ago the USMIL did away with including officer photos in the personnel records for promotion panels…….. hoping to increase diversity by making the decision ‘blind’. Funny thing happened…… less people of color were promoted so the practice was ended — photos were needed to know ‘who to promote’.

      1. Eric the half a troll Avatar
        Eric the half a troll

        Demonstrating the racism inherent in the system…

      2. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        I have found notices that photos were prohibited in 2020. Here is an official Navy notice listing promotions effective June 1, 2023. The notice says that the submission of photos to officer promotion boards is prohibited. https://www.mynavyhr.navy.mil/Career-Management/Boards/Active-Duty-Officer/

        What are your sources that say (1) fewer people of color were promoted after suspension of the use of photos and (2) the practice of prohibiting the use of photos has been ended?

      3. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        I have found notices that photos were prohibited in 2020. Here is an official Navy notice listing promotions effective June 1, 2023. The notice says that the submission of photos to officer promotion boards is prohibited. https://www.mynavyhr.navy.mil/Career-Management/Boards/Active-Duty-Officer/

        What are your sources that say (1) fewer people of color were promoted after suspension of the use of photos and (2) the practice of prohibiting the use of photos has been ended?

        1. WayneS Avatar
          WayneS

          https://www.military.com/daily-news/2021/08/03/navys-personnel-boss-says-getting-rid-of-photos-promotion-boards-hurt-diversity.html

          This article does not say the Navy have reinstated using photos, but that they are considering bringing back photos.

        2. WayneS Avatar
          WayneS

          https://www.military.com/daily-news/2021/08/03/navys-personnel-boss-says-getting-rid-of-photos-promotion-boards-hurt-diversity.html

          This article does not say the Navy have reinstated using photos, but that they are considering bringing back photos.

        3. WayneS Avatar
          WayneS

          https://www.military.com/daily-news/2021/08/03/navys-personnel-boss-says-getting-rid-of-photos-promotion-boards-hurt-diversity.html

          This article does not say the Navy have reinstated using photos, but that they are considering bringing back photos.

        4. WayneS Avatar
          WayneS

          https://www.marinecorpstimes.com/news/your-marine-corps/2021/08/03/heres-why-the-marine-corps-is-considering-returning-to-promotion-photos/

          This one is specific to the Marine Corps.

          1. Dick Hall-Sizemore Avatar
            Dick Hall-Sizemore

            That article was in 2021. In 2023, photos are still prohibited.

      4. Nancy Naive Avatar
        Nancy Naive

        “What’s in a name…”

      5. Nancy Naive Avatar
        Nancy Naive

        I’m not certain of your source or facts, but along such lines, several years back a news story told of one corporation that went through its HR data in an effort to “level” salaries based on service and merit, i.e., eliminating gender bias.

        They succeeded.

        A year later, the gender biased salary structure returned.

        Lemme see if I can find the story. In the meantime, take all with a salt lick, and contemplate…
        https://wordsmith.org/words/images/infodemic_large.jpg

      6. Nancy Naive Avatar
        Nancy Naive

        I’m not certain of your source or facts, but along such lines, several years back a news story told of one corporation that went through its HR data in an effort to “level” salaries based on service and merit, i.e., eliminating gender bias.

        They succeeded.

        A year later, the gender biased salary structure returned.

        Lemme see if I can find the story. In the meantime, take all with a salt lick, and contemplate…
        https://wordsmith.org/words/images/infodemic_large.jpg

      7. Nancy Naive Avatar
        Nancy Naive

        I’m not certain of your source or facts, but along such lines, several years back a news story told of one corporation that went through its HR data in an effort to “level” salaries based on service and merit, i.e., eliminating gender bias.

        They succeeded.

        A year later, the gender biased salary structure returned.

        Lemme see if I can find the story. In the meantime, take all with a salt lick, and contemplate…
        https://wordsmith.org/words/images/infodemic_large.jpg

  4. walter smith Avatar
    walter smith

    We are no longer a Constitutional republic.
    Check who appointed the 3 judges.
    2 by the Marxists, one by Trump.
    We have a Supreme Court Justice who doesn’t know what a woman is.
    We have juries and Judges in DC fully behind two justice systems. A corrupt DOJ. We have juries in NY that make crap up – the Jean Carroll “lawsuit” has no basis in fact, just get Trump.
    J6 defendants get worse treatment than Guantanamo terrorists. Antifa doesn’t get prosecuted at all. FBI engages in “misinformation” and election interference. Hunter is a criminal. So is Joe. Look away.

    Here’s the problem Leftists – you will eventually be done away with too. Check out Martin Niemoller…

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Most of this rant is so off the subject of the article that it does not bear responding to. There are a couple of items, however, that need a response:

      1. “We are no longer a Constitutional republic.”

      The last time I checked, the U.S. Constitution vested the authority to appoint judges in the President elected by the people and confirmed by Senators elected by the people. That is the case with this decision.

      2. The use of the tired old tactic–call those with whom you disagree “Marxists.” Based on this reasoning, the judges in the majority must have been appointed by Presidents and by Senates that were dominated by Marxists. This is the height of delusion.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Most of this rant is so off the subject of the article that it does not bear responding to. There are a couple of items, however, that need a response:

      1. “We are no longer a Constitutional republic.”

      The last time I checked, the U.S. Constitution vested the authority to appoint judges in the President elected by the people and confirmed by Senators elected by the people. That is the case with this decision.

      2. The use of the tired old tactic–call those with whom you disagree “Marxists.” Based on this reasoning, the judges in the majority must have been appointed by Presidents who were Marxists and confirmed by Senates that were dominated by Marxists. This is the height of delusion.

      1. walter smith Avatar
        walter smith

        No, Dick. Unfortunately, we have Judges who make it up. I never got into Constitutional Law in law school, and it was only when I got older and wiser I realized it. The Judges make it up to get to the decision they want. Which is why Trump Derangement Syndrome is so bad. The Marxists (and Obama was and is a Marxist) were so sure they had it in the bag. They got Trump to be the nominee and were so overconfident they didn’t arrange the cheat necessary to win. But he won. He got to appoint the 3 judges Hillary was supposed to appoint. The Judicial re-writing of America was forestalled.
        And the Senate, to the extent it is Dems not named Joe Manchin is full of Marxists. CRT/DEI/ ESG/ Climate Change are all a part of Marxism. Just a different power-usurping species.

        1. Joe Jeeva Abbate Avatar
          Joe Jeeva Abbate

          Mr. Smith – Could you please tell us in your own words, what defines Marxism or a Marxist?

          Thank you.

          1. walter smith Avatar
            walter smith

            All of the present Leftisms du jour are birthed out of Marxism. CRT/DEi/ESG/ Climate Change – all constructs for power. Marxism is no longer just an economic proposition.

          2. Joe Jeeva Abbate Avatar
            Joe Jeeva Abbate

            So are you saying that Marxism does not involve Marxist economic theory, just cultural bias in favor of diversity, climate change, critical race theory, and climate change? To my limited knowledge, Marxism is focused on political power held by the working classes, public ownership and democratic management of society’s material means of production, national planning, a substantial degree of economic equality among the people, and a promotion of a high level of productive forces. I’ve never seen any mention of Marxism promoting critical race theory, diversity, environmental, social, and governance principles, or climate change. Could you provide your data and research to support that assumption that those elements were “birthed out of Marxism”, please. In my study of political science, I have never come across your assumption and would like to better understand how you arrived at that conclusion. I have met many Democrats and Social Democrats that are not supporting Marxism at all, just a wider social net for those struggling for a living, for the unemployed while seeking work, struggling to afford food, clothing and shelter…you know the same principles that were incorporated by Jesus Christ when he asks us to care for the poor and the struggling people. Thanks for the discussion.

          3. walter smith Avatar
            walter smith

            CRT is birthed out of Gramscian Marxism. All of the current trends involve dividing along some perceived fault line and then viewing everything through that prism, with the ultimate goal being accumulation of power. Economic Marxism divides along access to capital, and the bourgeois oppress the proletariat to maintain their superiority. CRT views whiteness as property used to oppress the nonwhite. Same analysis with queer theory, etc.

          4. Joe Jeeva Abbate Avatar
            Joe Jeeva Abbate

            Wow…that’s a pretty good stretch. I do see how any group seeking to get or maintain power wants to influence or control how religion, the media and the education system shows their preferred political or cultural system. But someone who has had ancestors pushed off their land unjustly and treated poorly (I’m an American Indian tribal member), or their ancestors and family members shot, lynched, or enslaved, does not need to study Marxism to seek equal rights or better treatment. If the federal government passes laws to protect those freedoms (passed by Republicans and Democrats over the years), that is not Marxism, is it?

          5. walter smith Avatar
            walter smith

            We already have equal treatment inscribed as law. All of these “isms” seek equal outcomes, which we will never have. Look at all the so called global elite, preaching climate change and carbon neutrality while they fly to Davis on a private jet. You see, they are our betters, they deserve it. You eat bugs, they’ll eat Chateaubriand. Let them eat cake…
            And the equal outcome crowd, requiring that all members of the “group” have the same characteristics is explicitly racist, sexist, divisive by whatever the fault line the group asserts for power. If you assert you have been wronged as an Indian, then the non-Indians are the wrongdoers. All people have been created in the image of God. All sin and fall short of the glory of God. That is a far better life guiding principle.

          6. Joe Jeeva Abbate Avatar
            Joe Jeeva Abbate

            Incorrect assumption on your part that if I or my native family is wronged, then I must conclude that all non-Indians are the wrongdoers…the actual wrongdoers are the wrongdoers. If they break the law based on our Constitution or our system of justice, they should be held accountable for that crime. Equal justice under the law is the point, not equal outcomes.

          7. walter smith Avatar
            walter smith

            Incorrect assumption of my assumptions! And you prove my point.
            Wrongdoers should be punished for wrongdoing. We agree.
            What have I done to the American Indians? Nothing.
            And, if you want to go back in time, I bet in my unknown family tree you will find slaveowning and people who were slaves. You will find good people and bad. Same with your ancestors. The “noble savages” weren’t all just peace loving environmentalists. Same with blacks in Africa selling other blacks into slavery (as opposed to maybe torturing, starving, killing or enslaving them). Or some of the barbaric rituals out of the South American/Central American civilizations, like baby sacrifice. Which the Dems today celebrate…
            You could have predicted the outcome of the case by the panel, hiding behind current (bad) law, which is expected to be overturned, and the so called elites will steal cheat to get to their desired Marxist goal of destruction of America . Racial division for fun and profit. Sexual perversion being normalized for division, fun and profit. ESG goals for marginalization of the non-marginalized for fun and profit. Same with climate change and sustainability, etc. They’ll create Utopia on Earth and you bad people (like me) need to shut up (or be shut up). And those not objecting should enjoy the cold from no electricity and the bug diet and no mobility or freedom, but the leaders “care.”

          8. Nancy Naive Avatar
            Nancy Naive

            You’ve got the picture.

  5. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    The 4th Circuit Court’s majority opinion is “close but no cigar.” The geographic/middle school-based approach continues to be discriminatory because FCPS eliminated the qualifying test. Allocation of scarce seats to based on geography/middle schools would seemingly pass constitutional muster if every student under consideration had passed standardized admission test.

    Essentially what FCPS did is similar to the selection of all-county high school orchestra representing every middle school without first requiring each applicant to audition to demonstrate proficiency at a musical instrument.

    The court also ignored clear and convincing evidence of discriminatory consent in the form of school board and staff emails that discussed the perceived need to reduce the number of Asians admitted to TJ.

    I would not be surprised to see SCOTUS, after it rules on the UNC and Harvard cases, to remand the TJ case for further consideration.

  6. Nathan Avatar
    Nathan

    Objective assessments of a student’s capability is in everyone’s interest. Artificially engineering results to achieve the desired racial outcome doesn’t help anyone.

    I had one son who was accepted into a magnet school based on test results. Two years later my other son wasn’t accepted, also based on test results. Looking back, things worked out as they should for both.

    The left doesn’t seem to understand the negative impact of attending a school where a student’s skills aren’t up to that of his or her peers.

    The answer is more school choice. Let everyone attend a better school if they choose to do so.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Sort of hard for everyone to attend a better school if they choose to do so if there are not enough seats in those better schools to accommodate everyone who wants to attend or if those better schools are on the other side of the county and one’s parents cannot afford to get you there every day.

      1. Nathan Avatar
        Nathan

        BTW – That’s one very long sentence.

      2. Nathan Avatar
        Nathan

        Classroom space in good schools isn’t forever finite. It’s possible to expand and build more schools you know.

        If public funds were allowed to flow to schools that produced superior results, it would create more quality schools near those who wish to attend them.

        Instead, we continue to fund poor performing schools, and continue to get the same poor results. If a school is really terrible, then obviously we should reward it and those employed there with more money. Right?

        K12 schools exist for the benefit is students, not solely as an employment opportunity for adults.

  7. M. Purdy Avatar
    M. Purdy

    So my legal take (though admittedly non-expert legal take) is that this case doesn’t really matter, and under current law what TJHSST was doing was arguably legal. This, of course, won’t matter in the end, because the SCOTUS is very likely to strike down the use of race in admissions. So the court is simply deferring to the SCOTUS. Anyway, just my two cents.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Ah, but the case does matter. For no other reason, it matters because the school can continue to use its current admissions criteria.

      It also matters because the school does not use race or national origin as a specific criteria. The opponents want the courts to declare that the only criteria that can be used are test scores. That will be question before the Supreme Court, if the decision is appealed and if the Court accepts it.

      1. M. Purdy Avatar
        M. Purdy

        Of course, you’re correct:-). I’m just saying that I think that the appeals court recognizes that existing law is about to be changed, and they’re rather not revisit this case after the July term. But yes, obviously it matters:-)

      2. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        During a FCPS school board work session, the then superintendent told the board that the Division was also eliminating the requirement to furnish middle school teacher recommendations to TJ because that requirement could hurt the chances of students who were not top students in their middle school.

        I also recall that the requirement for middle school applicants to have taken honors classes in math and science was also eliminated.

        I’ve dealt with all sorts of people and entities during my decades as an attorney and a community volunteer. As I believe everyone deserves representation (in my case, paid representation), I’ve represented some less than top drawer clients, giving them the best effort I could. The most dishonest I’ve ever dealt with has been Fairfax County Public Schools management and staff.

  8. vicnicholls Avatar
    vicnicholls

    Doesn’t make it right. Just makes those bigots on the left who discriminate against Asians worse than everyone else they claim are bigots.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      So, court decisions you agree with, such as the decision overturning Roe v. Wade, are “right” and those you disagree with, such as this one, are “not right”.

      1. Nancy Naive Avatar
        Nancy Naive

        I’m pretty sure that’s how it works.

      2. vicnicholls Avatar
        vicnicholls

        I’d say that the left is the side that has caused the most damage, the most problems, trace problems and they all come back to the left. Christians have a defined behavior set (although many don’t follow it) but that’s what will show you what is prosperous. Its certainly not the insanity we see coming from the left.

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