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We have been tracking the litigation over the Boston Public Schools plan to reduce Asian enrollment at academically-elite public schools through the subterfuge of including a zip code component displacing the prior heavy emphasis on standardized testing and grades.
Our initial post described the nature of the claims, Boston Parents Sue Alleging Discrimination Against Asians and Whites In Change of Prestigious Public School Admissions. The plan worked, As Predicted, Boston “Zip Code Quota Plan” For Elite Public Schools Reduced Asian and White Admissions, Raised Black and Latino.
Judge William Young initially dismissed the case, finding that the use of zip codes was race-neutral. That ruling was upended when leaked school committee text messages showed anti-Asian and anti-White bias:
The last we checked in on July 9, 2021, Judge Young ruled that he was withdrawing the Opinion, and would receive briefing as to what he still had jurisdiction to do now that that case was on appeal. He also wanted briefing on whether lawyers for the school committee improperly concealed and redacted the text messages, or at least had knowledge it was done, Judge Withdraws Opinion Dismissing Boston Zip Code Quota Plan Case – “I’ve Been Misled” By Concealment of Anti-White Text Messages.
I checked the PACER electronic docket almost weekly, since there’s no way that I know of for someone who has not entered an appearance to receive electronic notice of court action. Then I fell a little bit asleep at the wheel, and multiple weeks went by without checking in.
And of course, that’s when the court rendered its decision on October 1, 2021. I found out about it a week or so ago, but finally found the bandwidth to write about it. So, I’m late to this.
The decision is called an “indicative” ruling because the case, and jurisdiction, are in the Court of Appeals. It is a recognized appellate procedure for the trial court, when something substantial happens while the case is on appeal, to “indicate” how it would rule. And so that’s what Judge Young did.
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The substance of the decision is very similar to the prior ruling that the […]
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