In a significant decision, the U.S. Supreme Court has opted not to take up an appeal challenging a controversial Boston high school admissions policy that was designed to promote racial diversity. The policy, which was implemented briefly during the COVID-19 pandemic, had been criticized by some parents and students who argued that it discriminated against white and Asian applicants in favor of Black and Latino students.
The Court’s decision to decline hearing the case upholds a ruling by the 1st U.S. Circuit Court of Appeals, which found that the race-neutral policy did not violate the Constitution’s 14th Amendment protection of equal rights. This decision effectively allows the Boston School Committee’s temporary admissions process to stand, despite objections that it unfairly favored minority students.
The admissions system in question replaced the traditional exam-based selection for Boston’s prestigious public high schools, including Boston Latin School, the oldest public school in the United States. The revised policy, which was only in effect for one year, used postal zip codes to categorize applicants and then ranked them based on family income and grade-point averages. The goal was to address racial inequities in the school’s admissions process while still adhering to race-neutral principles.
Despite its race-neutral framework, the policy caused significant controversy. Critics argued that it disproportionately favored Black and Latino applicants and disadvantaged white and Asian students. The plaintiffs, a coalition of parents and students, contended that the policy violated the U.S. Constitution’s promise of equal protection, especially after the Supreme Court’s landmark decision in 2023 which limited the use of race-conscious admissions in college and university settings.
Two of the Court’s conservative justices, Samuel Alito and Clarence Thomas, dissented from the decision to reject the appeal, calling the policy a form of racial balancing that violated the Constitution. In their dissent, the justices argued that the admissions process in Boston was a thinly veiled attempt at racial discrimination, despite being framed as a race-neutral solution.
“This policy is racial balancing by another name and is undoubtedly unconstitutional,” Justice Alito wrote, echoing concerns that such policies could circumvent the Supreme Court’s broader rulings on affirmative action.
The policy, which had been adopted by the Boston School Committee in 2021, was a response to the challenges posed by the COVID-19 pandemic, which prevented the administration of entrance exams. Before the change, white and Asian American students made up the majority of admissions, even though they represented a smaller proportion of the city’s overall student population. After the policy was implemented, however, the proportion of white and Asian students admitted decreased, while the number of Black and Latino students increased.
While the Boston policy was ultimately replaced with a new system based on GPA, exam scores, and geographic location, the plaintiffs pursued the case, representing five students who had been denied admission despite having higher grades than some students from other areas who were admitted under the new criteria. The plaintiffs alleged that the policy unfairly discriminated against Asian and white applicants.
Represented by the Pacific Legal Foundation, the plaintiffs had hoped the Supreme Court would step in and issue a ruling that could set a precedent for similar cases across the country. The Pacific Legal Foundation, which has also been involved in a similar legal battle over admissions policies at Thomas Jefferson High School for Science and Technology in Virginia, expressed disappointment at the Court’s decision.
“Every student should have an equal opportunity to succeed based on their merit, not where they live or the color of their skin,” said Christopher Kieser, a lawyer with the Pacific Legal Foundation. “We remain committed to ensuring that admissions processes are fair and based on merit.”
This case is part of a broader national conversation surrounding the role of race and socioeconomic status in school admissions, particularly at elite public schools. While many states and school districts continue to implement race-neutral policies, the legal landscape remains fluid, with ongoing challenges to such policies and the ways they are applied.
The Supreme Court’s refusal to take up the Boston case is another chapter in the ongoing debate over how to achieve racial diversity in education without resorting to race-conscious admissions practices. Legal experts say that this case, along with other similar lawsuits, could shape the future of school admissions for years to come.
Read more: