Whether race-conscious admissions policies in K-12 public schools violate the Equal Protection Clause of the Fourteenth Amendment

No question identified. : To the Honorable Ketanji Brown Jackson, Justice of the Supreme Court of the United States and Circuit Justice for the First Circuit: Pursuant to Supreme Court Rule 13.5, Petitioner Boston Parent Coalition for Academic Excellence Corp. respectfully requests an extension of time of 30 days to file its Petition for a Writ of Certiorari in this Court up to and including April 17, 2024. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Boston Parent Coalition for Academic Excellence, Inc. v. School Committee for City of Boston, 89 F.4th 46 (1st Cir. 2023) (attached as Exhibit 1). The judgment was issued on December 19, 2023, which means a Petition is presently due on March 18, 2024. This application for an extension for time is filed more than ten days in advance of that date. JURISDICTION This case arises under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983. The district court had original jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. The Court of Appeals had appellate jurisdiction under 28 U.S.C. § 1291. This Court has jurisdiction under 28 U.S.C. § 1254(1). REASONS FOR GRANTING EXTENSION OF TIME Good cause exists for the requested extension. Counsel of record for Petitioner, Christopher M. Kieser, has a substantial workload that includes assisting in the preparation of a petition for a writ of certiorari in 835 Hinesburg Road, LLC v. City of South Burlington, No. 234524, which is due March 20, 2024. Counsel also has several other obligations, including a reply brief due on March 22 in Association for Education Fairness v. Montgomery County Board of Education, No. 23-1068 (4th Cir.). In addition, this Court recently denied a Petition in Coalition for TJ v. Fairfax County School Board, No. 23-170, a case raising the same fundamental issue regarding race discrimination in K-12 schools. Justice Alito cited this case in his dissent from denial of certiorari in Coalition for TJ on February 20, 2024. An extension would help counsel prepare a more effective Petition in light of Justice Alito’s dissent. This is Petitioner’s first request for an extension. CONCLUSION For the foregoing reasons, Petitioner requests that this Court grant an extension of 30 days, up to and including April 17, 2024, within which to file a Petition for a Writ of Certiorari. DATED: February 21, 2024. Respectfully submitted, Chustophn 0 Ketoer WILLIAM H. HURD CHRISTOPHER M. KIESER Eckert Seamans Cherin Counsel of Record & Mellott, LLC JOSHUA P. THOMPSON 919 E. Main Street, Suite 1300 Pacific Legal Foundation Richmond, Virginia 23219 555 Capitol Mall, Suite 1290 Telephone: (804) 788-9638 Sacramento, California 95814 (916) 419-7111 Counsel for Petitioner CERTIFICATE OF SERVICE A copy of this application was served via email and U.S. mail to counsel listed below in accordance with Supreme Court Rules 22.2 and 29.3: John Matthew Simon simon@scmllp.com Kay H. Hodge khodge@scmllp.com Stoneman Chandler & Miller LLP 99 High St., Suite 1601 Boston, MA 02110-0 Lisa Skehill Maki Boston Public Schools 2300 Washington St., 4th Floor Boston, MA 02119 Counsel for Respondents Boston School Committee, Alexandra Oliver-Davila, Michael D. O’Neill, Hardin Coleman, Lorna Rivera, Jeri Robinson, Quoc Minh Tran, Ernani J. Dearaujo, Brenda Cassellius Melanie Berdecia Sidley Austin LLP 787 7th Ave. New York, NY 10019-0 Janelle Heather Dempsey Lawyers for Civil Rights 61 Batterymarch St., 5th Floor Boston, MA 02110 Bethany Yue Ping Li Asian American Legal Defense and Education Fund 99 Hudson St., 12th Floor New York, NY 10013-0 Jennifer J. Clark Lakeisha F. Mays Sidley Austin LLP 1501 K St. NW Washington, DC 20005-0 Susan M. Finegan smfinegan@mintz.com Andrew N. Nathanson Mintz Levin Cohn Ferris Glovsky & Popeo PC 1 Financial Center Boston, MA 02111-0 Doreen M. Rachal drachal@sidley.com Sidley Austin LLP 60 State St., 36th Floor Boston, MA 02109 Lauren A. Sampson Oren McCleary Se