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A federal appeals court upheld the diversity policy at Thomas Jefferson High School for Science & Technology, ruling Tuesday that the plan survives constitutional scrutiny despite cutting Asian American admissions by 26%.
In a 2-1 ruling, the court said that Fairfax County, which runs the nationally renowned school, was trying to boost diversity among its incoming students based on geography and socioeconomic status, and any effect on the racial balance was secondary.
“On this record, and with application of the proper legal standard, the policy visits no racially disparate impact on Asian American students,” Judge Robert B. King, a Clinton appointee, wrote for the majority.
The case is part of a new trend in affirmative action law, with Asian American plaintiffs stepping forward to argue that attempts to rebalance classes with more Black or Hispanic students often come at the expense of Asian students. That has put a new spin on more traditional Black-and-White arguments.
The parents vowed Tuesday to appeal to the Supreme Court.
“We firmly believe that access to a quality education should be based on merit, not race. This is a climactic battle between justice and racism,” said Harry Jackson, father of a student at the school.
Jefferson operates as a selective school, meaning students must apply and be admitted. Anywhere from 2,500 to 3,000 students apply, and the school admits about 550.
The former admissions policy was based on an applicant’s grade point average, teacher recommendations, essays and a standardized test.
Asian American admissions have long been disproportionately high compared to their percentage of the population in Fairfax County, and there had been some grumbling.
The county said part of the problem was students came heavily from a few “feeder” schools. So the county adopted a broader admission policy that expanded geographic and socioeconomic diversity.
The result was that Asian Americans went from 73% of students in the Class of 2024 to 55% of offers in the Class of 2025.
