Another Judge Gets One Right

Recall that the Fairfax County School Board, last year, changed the admissions policy for its elite Thomas Jefferson High School for Science and Technology from one of straight merit to one of discrimination to favor some racially preferred children and to disfavor some racially…not preferred…children. This racist policy was objected to in court by a broad coalition of average American residents of the county. In US District Court for the Eastern District of Virginia, Judge Claude Hilton waved the racism flag and struck the racial preferences scheme.

Hilton ruled in part [citations omitted, emphasis added],

The Board’s main problem is its focus on the goal to have TJ [Thomas Jefferson] reflect the demographics of the surrounding area, described primarily in racial terms. Far from a compelling interest, racial balancing for its own sake is “patently unconstitutional.” The Board cannot transform racial balancing into a compelling interest “simply by relabeling it ‘racial diversity.'” The school districts in Parents Involved tried various verbal formulations to deflect from their intent to racially balance schools through race-based transfers. The Board here did not even bother with such “verbal formulations.” Board members and high-level FCPS [Fairfax County Public Schools] actors did not disguise their desire for TJ to represent the racial demographics…. Whether accomplished overtly or via proxies, racial balancing is not a compelling interest.


…steps…could have been implemented before the Board defaulted to a system that treats applicants unequally in hopes of engineering a particular racial outcome.


The proper remedy for a legal provision enacted with discriminatory intent is invalidation.

We may be making progress toward correcting the blatantly racist policies of the Left.

The ruling can be read here.

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