No. 23-170

Coalition for TJ v. Fairfax County School Board

Lower Court: Fourth Circuit
Docketed: 2023-08-23
Status: Denied
Type: Paid
Amici (12)Relisted (6) Experienced Counsel
Tags: admissions-criteria asian-american-discrimination asian-americans constitutional-law equal-protection fourthcircuit racial-balancing school-diversity summary-judgment
Key Terms:
DueProcess Patent JusticiabilityDoctri
Latest Conference: 2024-02-16 (distributed 6 times)
Question Presented (AI Summary)

Whether the Fairfax County School Board violated the Equal Protection Clause when it overhauled the admissions criteria at Thomas Jefferson High School for Science and Technology

Question Presented (OCR Extract)

QUESTION PRESENTED In 2020, the Fairfax County School Board (Board) overhauled its admissions to Thomas Jefferson High School for Science and Technology (TJ). The Coalition for TJ, a group of parents and students within the school district, alleged that those changes were adopted to racially balance the freshman class by excluding Asian Americans. The district court agreed and granted summary judgment to the Coalition. Over a dissent by Judge Rushing, a panel of the Fourth Circuit reversed. Despite evidence that the Board chose the new criteria to further its racial balancing goal—and evidence that the policy substantially reduced both the raw number and the proportion of Asian Americans admitted—the Fourth Circuit held that the admissions changes did not violate the Equal Protection Clause. The question presented is whether the Board violated the Equal Protection Clause when it overhauled the admissions criteria at TJ.

Docket Entries

2024-02-20
Petition DENIED. Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-170_7l48.pdf'>Opinion</a>)
2024-02-09
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
DISTRIBUTED for Conference of 1/19/2024.
2024-01-08
DISTRIBUTED for Conference of 1/12/2024.
2024-01-02
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-12-01
Rescheduled.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
2023-10-23
2023-09-22
Brief amici curiae of Advancing American Freedom, Inc., et al. filed.
2023-09-22
2023-09-22
2023-09-22
Brief amici curiae of Chinese American Citizens Alliance of Greater New York, et al. filed.
2023-09-22
Brief amici curiae of The Asian American Coalition for Education, et al. filed.
2023-09-22
2023-09-21
Brief amici curiae of Former Federal Officials of The Department of Education’s Office For Civil Rights filed.
2023-09-20
Brief amici curiae of Liberty Justice Center and Momoko Takahashi filed.
2023-09-20
2023-09-20
2023-09-20
2023-09-19
2023-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2023.
2023-08-29
Motion to extend the time to file a response from September 22, 2023 to October 23, 2023, submitted to The Clerk.
2023-08-21
Petition for a writ of certiorari filed. (Response due September 22, 2023)

Attorneys

Advancing American Freedom, Inc.
John Marc WheatAdvancing American Freedom, Inc., Amicus
John Marc WheatAdvancing American Freedom, Inc., Amicus
Cato Institute
Anastasia Paulinna BodenCato Institute, Amicus
Anastasia Paulinna BodenCato Institute, Amicus
Center for Equal Opportunity
Devon Corey WesthillCenter for Equal Opportunity, Amicus
Devon Corey WesthillCenter for Equal Opportunity, Amicus
Chinese American Citizens Alliance of Greater New York, et al.
Gary Michael LawkowskiDhillon Law Group, Amicus
Gary Michael LawkowskiDhillon Law Group, Amicus
Coalition for TJ
Joshua Paul ThompsonPacific Legal Foundation, Petitioner
Joshua Paul ThompsonPacific Legal Foundation, Petitioner
Commonwealth of Virginia, et al.
Andrew Nathan FergusonOffice of the Attorney General, Amicus
Andrew Nathan FergusonOffice of the Attorney General, Amicus
Fairfax County Parents Association
Bonnie Kay Arthur — Amicus
Bonnie Kay Arthur — Amicus
Fairfax County School Board
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Former Federal Officials of The Department of Education’s Office For Civil Rights
William E. TrachmanMountain States Legal Foundation, Petitioner
William E. TrachmanMountain States Legal Foundation, Petitioner
Liberty Justice Center and Momoko Takahashi
M. E. Buck Dougherty IIILiberty Justice Center, Amicus
M. E. Buck Dougherty IIILiberty Justice Center, Amicus
Southeastern Legal Foundation
Celia Howard O'LearySoutheastern Legal Foundation, Amicus
Celia Howard O'LearySoutheastern Legal Foundation, Amicus
The American Civil Rights Project, Manhattan Institute, and Hamilton Lincoln Law Institute
Daniel Isaac MorenoffThe American Civil Rights Projects, Amicus
Daniel Isaac MorenoffThe American Civil Rights Projects, Amicus
The Asian American Coalition for Education, The Asian American Legal Foundation, and Friends of Lowell Foundation
Gordon M. Fauth Jr.Fauth Law Firm, Amicus
Gordon M. Fauth Jr.Fauth Law Firm, Amicus
The Equal Protection Project
William Alan JacobsonLegal Insurrection Foundation, Amicus
William Alan JacobsonLegal Insurrection Foundation, Amicus