The U.S.  Supreme Court has declined to examine a challenge brought by a group of Boston parents who alleged that an interim admissions policy at three of the city’s selective high schools discriminated against students based on race.

The high court determined that revisiting the issue was not necessary because the policy in question had already been revised and replaced, as Fox News reports.

In 2020, at the height of the pandemic, the Boston School Committee made a temporary adjustment to its admissions procedures for three prestigious schools: Boston Latin School, Boston Latin Academy, and the John D. O'Bryant School of Mathematics and Science.

Traditionally reliant on entrance exams, these schools shifted to a system that considered students’ grade point averages and residential ZIP codes instead. This change was intended to address the challenges presented by the ongoing health crisis.

Boston Parents' Original Lawsuit

However, the modified entrance criteria prompted concerns among a group of Boston parents. The Boston Parent Coalition for Academic Excellence lodged a lawsuit in February 2021 on behalf of several anonymous students.

The group argued that the temporary policy resulted in decreased admissions for White and Asian students, claiming it conflicted with a 2023 Supreme Court decision on affirmative action.

Despite the legal challenge, lower courts supported the Boston School Committee, ruling that the admissions policy was not racially biased.

They concluded that the criteria employed were neutral with regard to race. This judgment affirmed that the policy, while unusual, was justified under the extraordinary circumstances in which it was implemented.

The admissions policy under scrutiny was only operational for one academic year before being replaced for the 2022-2023 term. The revised system restored standardized testing as part of the student selection process. During this period, applicants who might have been affected by the initial changes had the opportunity to apply again under the new guidelines.

Supreme Court's Decision Sparks Reaction

On Monday, the Supreme Court decided not to take up the appeal lodged by the Boston Parent Coalition. Justice Neil Gorsuch noted the lack of necessity for further review, highlighting that the plaintiffs did not contest the revised admissions policy.

"The parents and students do not challenge Boston’s new policy," Gorsuch explained. He emphasized that the circumstances surrounding the temporary policy’s implementation and subsequent revision substantially reduced the need for a Supreme Court evaluation.

Nonetheless, not all justices were in agreement. Justices Clarence Thomas and Samuel Alito expressed dissent, voicing concerns about the implications of race-based affirmative action. Alito specifically criticized the broader concept of disparate impact, suggesting a fundamental disagreement with the way such issues have been handled judicially.

Broader Context of Affirmative Action

The wider context of the Supreme Court’s decision relates to its June 2023 ruling in Students for Fair Admissions v. Harvard. In that landmark case, the court concluded that using race as a criterion in college admissions violated the Equal Protection Clause of the 14th Amendment. This decision has had significant repercussions on how educational institutions consider race in their admissions policies.

In the Boston case, the School Committee emphasized that students initially affected by the temporary policy had the chance to reapply under the updated system. This clarification aimed to show fairness and adaptability in their approach, especially following a major Supreme Court ruling on affirmative action.

The committee underscored that the temporary admissions policy was both initiated and concluded before the Supreme Court’s landmark ruling, and therefore, not directly influenced by the decision. They maintained that the policy was a response to unprecedented conditions during the pandemic and was not an attempt to bypass any legal rulings.

Impact on Students and Future Policies

With the Supreme Court’s refusal to hear the case, the matter appears settled for now. Attention continues to focus on how schools nationwide will adapt their admissions strategies in light of recent legal developments around affirmative action.

The Boston School Committee’s experience serves as a case study in managing public school admissions amid rapidly changing legal environments. It highlights the balance between equitable access and compliance with judicial interpretations of discrimination and diversity policies.

This episode adds to the ongoing conversation about how educational institutions across the country approach admissions while navigating complex legal and social considerations.