based on race, top lawyers on the Left rushed to contain the fallout. Expressing that she was “disturbed” by the “deliberate overread of the recent court decisions,” President Joe Biden’s assistant secretary of education for civil rights, Catherine Lhamon, insisted that schools could grant race-based scholarships and host race-segregated events. And former Obama Solicitor General Don Verilli made it clear that if he has his way, K-12 schools can discriminate against white and Asian students.
By admitting the top 1.5% of students at each middle school, the district hoped to limit the number of Asian students coming from the gifted and talented centers that overwhelmingly fed their students into TJ. The race-engineering half-worked: Despite expanding its class size by 64 seats, TJ admitted 54 fewer Asian students. But instead of admitting far more minorities, white students were disproportionately the beneficiaries.
Dissatisfied by how many white and Asian students were being admitted, Fairfax then required teacher recommendations to address how a student would specifically contribute to the “diversity” of TJ’s incoming class. By 2015, more than a third of the students at the nation’s top STEM magnet school were not proficient in math. And, of course, this all predates the race-engineering at issue in this lawsuit.
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