The Supreme Court said Monday it will not take up a case concerning whether three top Boston public high schools unlawfully took race into account in their admissions policy—a decision that displeased two of the justices. The admissions program uses a strategy that has increased diversity without explicitly considering race, NBC News reports. Such an approach was not specifically prohibited by the court's decision last year tossing out admissions policies at Harvard and the University of North Carolina. "We have now twice refused to correct a glaring constitutional error that threatens to perpetuate race-based affirmative action," Justice Samuel Alito wrote in a dissent Monday.
The Boston schools altered their criteria to include applicants' geographic location in the city. The effect was to increase the share of Black students from 14% to 23% while reducing the share of white students from 40% to 31%. The policy was in effect for a year before it was challenged by a group representing white and Asian students, which said it was discriminatory. Lower courts upheld the policy. Joined by Justice Clarence Thomas, Alito wrote that the plan "is racial balancing by another name and is undoubtedly unconstitutional." Justice Brett Kavanaugh said he also supported considering the case.
The court also turned down cases involving a Wisconsin school district's policy on informing parents of students' gender transitions and a Hawaii gun law. Arguments in both cases cited recent Supreme Court rulings. Declining to take the three cases raises questions about how much interest the justices have in tying up loose ends or otherwise clarifying recent decisions, per the New York Times. The majority, as usual, did not explain its reasoning Monday. (More US Supreme Court stories.)
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