STEVEN D ANDERSON: Time for Supreme Court to fix ‘race neutral’ discrimination

Fox News · Steven Anderson · 2026-11-06 10:00 UTC

Supreme Court will hear a case challenging Montgomery County's magnet school admissions policy designed to cut Asian American enrollment.

The Supreme Court has made clear that racial discrimination has no place in public school admissions. But when schools hide discrimination behind race-neutral policies, lower courts have let them get away with it — as long as the targeted racial group isn’t hurt too much.

On Oct. 19, the court agreed to hear a case brought by parents in Montgomery County, Md., challenging an admissions policy designed to reduce Asian American enrollment at the county’s magnet middle schools. At stake is a fundamental question: Does the Constitution protect students as individuals, or do their rights depend on how others of their race perform?

With this case, the Supreme Court could reverse a Fourth Circuit Court of Appeals precedent that Justice Alito once called "flagrantly wrong" and "a virus that may spread if not promptly eliminated."

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