Supreme Court Notebook

The Supreme Court leaves in place the admissions plan at an elite Virginia public high school


WASHINGTON (AP) — The Supreme Court on Tuesday left in place the admissions policy at an elite public high school in Virginia, despite claims that it discriminates against highly qualified Asian Americans.

A panel of the federal appeals court in Richmond upheld the constitutionality of a revamped admissions policy at the Thomas Jefferson High School for Science and Technology, frequently cited among the best in the nation.

Justices Samuel Alito and Clarence Thomas dissented from the order rejecting an appeal from parents. The appeals court essentially ruled that “intentional racial discrimination is constitutional so longas it is not too severe,” Alito wrote.

The high court’s consideration of the case followed its decision in June that struck down admissions policies at colleges and universities that took account of the race of applicants.

The Fairfax County School Board overhauled the admissions process in 2020, scrapping a standardized test. The new policy gives weight in favor of applicants who are economically disadvantaged or still learning English, but it does not take race into account.

The effect in the first freshmen class admitted under it was to increase the percentage of Black students from 1% to 7% and Hispanic students from 3% to 11%. Both groups have been greatly underrepresented for decades. Asian American representation decreased from 73% to 54%.

In 2022, a federal judge found the school board engaged in impermissible “racial balancing” when it overhauled admissions.

The parents who challenged the policy say it discriminates against Asian American applicants who would have been granted admission if academic merit were the sole criteria, and that efforts to increase Black and Hispanic
representation necessarily come at the expense of Asian Americans.

Supreme Court rejects appeal from 3 GOP House members over $500 mask fines


WASHINGTON (AP) — The Supreme Court on Tuesday rejected appeals from three Republican U.S. House members who challenged fines for not wearing face coverings on the House floor in 2021.

The justices did not comment on leaving in place $500 fines issued in May 2021 to U.S. Reps. Marjorie Taylor Greene of Georgia, Thomas Massie of Kentucky and Ralph Norman of South Carolina.

The mask requirement was part of the House’s response to the COVID-19 pandemic, and the mandate remained in place even after the U.S. Centers for Disease Control and Prevention issued guidance noting that “fully vaccinated people can resume activities without wearing a mask or physically distancing.”

The lawmakers showed up on the House floor without masks, even posing for a selfie. The requirement was lifted in June 2021.

Lower courts had refused to disturb the fines, ruling that courts lack the power to review the mask policy.

Lawyers for House Speaker Mike Johnson, a Republican, had urged the court to reject the appeal from fellow Republican representatives, though they noted that Johnson and every other member of the Republican leadership voted against the mask policy.