Supreme Court refuses to hear Boston parents’ challenge to racial discrimination in public school admissions

Washington, DC; December 9, 2024: Today, the U.S. Supreme Court declined to hear the case Boston Parent Coalition for Academic Excellence v. School Committee, brought by a voluntary association of parents and students challenging racial discrimination in Boston public school admissions.

“Every student should have an equal opportunity to succeed based on their merit, not where they live or the color of their skin,” said Chris Kieser, senior attorney at Pacific Legal Foundation. “Boston Public Schools’ use of a ZIP Code quota as a naked proxy for race violates the Constitution’s promise of equal protection. Regardless of today’s disappointment, the government’s use of skin color or ethnicity to choose who can attend public schools is a critical constitutional question that must be settled.”

Justice Samuel Alito, dissenting from the denial of certiorari, underscored the constitutional stakes.

• “As the Committee members made ‘explicit,’ they worked to decrease the number of white and Asian students at the exam schools in service of ‘racial equity.’ … That is racial balancing by another name and is undoubtedly unconstitutional.”
• “We have now twice refused to correct a glaring constitutional error that threatens to perpetuate race-based affirmative action in defiance of Students for Fair Admissions. I would reject root and branch this dangerously distorted view of disparate impact.”

Justice Clarence Thomas joined the dissent from denial.

Represented free of charge by Pacific Legal Foundation, Boston Parent Coalition’s lawsuit argues that school districts cannot manipulate school admissions to achieve a desired racial outcome.

Despite today’s disappointing decision, Pacific Legal Foundation is determined to continue this fight. With active cases in New York City and Montgomery County, MD, Pacific Legal Foundation will continue to litigate this issue until every student is afforded the right to equal protection that the Constitution guarantees.

The case is Boston Parent Coalition for Academic Excellence v. School Committee.