The Supreme Court declined to hear an appeal from Boston parents who alleged that a temporary admissions exam policy for the city's elite high schools discriminated against white students and those of Asian descent. Justices Alito and Thomas dissented from the decision to uphold lower court rulings supporting the plan, which was implemented once during the pandemic. Justice Gorsuch also expressed concerns about the policy.
The Boston School Committee had suspended the entrance exam for Boston Latin School, Boston Latin Academy, and the O’Bryant School of Math and Science due to safety concerns related to the pandemic. Instead, student performance and ZIP codes were used as criteria for admission.
A panel of the 1st U.S. Circuit Court of Appeals determined that a Supreme Court ruling from June 2023, which invalidated race-conscious college admissions policies, did not invalidate Boston's temporary policy. Alito criticized the lower court's decision, stating that it could perpetuate race-based affirmative action in defiance of the high court's previous ruling.
Alito and Thomas highlighted their belief that race played a significant role in the committee's adoption of the new policy. The debate surrounding affirmative action and race-conscious admissions policies continues to be a contentious issue in the education sector.