On December 9, the Supreme Court denied certiorari in Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston. The case involved an equal protection challenge to a change in admissions policy in Boston, where a competitive public school altered its admissions criteria in a manner that reduced the number of Asian and Caucasian students. The lower courts rejected the challenge, with the First Circuit indicating that an equal protection challenge to a facially neutral policy—like admissions criteria that do not mention race—must establish that the impact on the targeted race was so severe as to reduce their numerical presence in the school below their demographic numbers in the relevant population.By denying certiorari, the Court left the First Circuit’s opinion in place. Justice Alito, joined by Justice Thomas, issued a dissent from denial, as they had in a similar case earlier this year called Coalition for TJ. Justice Gorsuch issued a statement respecting the denial, stating that he largely agreed with Justice Alito’s dissent.This litigation update will evaluate the state of the law when it comes to “proxy discrimination” measures, and whether an equal protection claim must establish a particularly onerous disparate impact on the targeted race at issue.Featuring: Christopher M. Kieser, Senior Attorney, Pacific Legal Foundation(Moderator) William E. Trachman, General Counsel, Mountain States Legal Foundation

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