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Supreme Court to review magnet school lottery over claimed anti-Asian bias

The US Supreme Court has agreed to hear a challenge to admissions at four selective magnet middle schools in Maryland. Two lower courts had dismissed the case.

Archive photo (2024): US Supreme Court building in Washington

Archive image · Photo: 颐园居 / Wikimedia Commons, CC BY-SA 4.0 (cropped and resized)

The US Supreme Court will hear a case on admissions to four sought-after middle schools in Montgomery County, Maryland. A group of mostly Asian-American parents accuses the school district of a process that intentionally disadvantages Asian-American children, even though it does not mention race. Since the 2021-22 school year, fifth graders who meet criteria on grades, reading level and test scores have been placed in a pool, with places then decided by lottery. The parents object that the thresholds are measured against each student's local elementary school.

A district judge and the appeals court dismissed the suit, noting among other things that Asian-American students made up a larger share of those admitted than of applicants. The Supreme Court will now decide whether plaintiffs must show an aggregate disparate impact on the group as a whole. "The Constitution protects students as individuals, not as members of a racial group," said Chris Kieser, a lawyer with the Pacific Legal Foundation. Arguments will be heard in 2027, with a ruling expected by the end of June.

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