DOJ Opens Investigation into Discriminatory Admissions at Thomas Jefferson High in Virginia After Private Lawsuit Failed

DOJ Opens Investigation into Discriminatory Admissions at Thomas Jefferson High in Virginia After Private Lawsuit Failed

You might recall that we followed and supported (with an amicus brief) the “Coalition for TJ” anti-Asian discriminatory high school admissions case from start to finish……………or did we?

From early 2021:

• Lawsuit Alleges Anti-Asian Discrimination In Admissions Change At Top-Ranked Virginia High School
• Case Update: Preliminary Injunction Sought Against Alleged Anti-Asian Admissions Changes At VA’s Thomas Jefferson High
• Asian Enrollment Slashed at Top Virginia High School After Admissions Changes Subject Of Lawsuit

Then…victory in 2022!

• “The American dream won!” Virginia Anti-Asian School Admission Scheme Halted By Federal Judge
• Virginia High School Case May End ‘Equity’ Racism in Education

Apparently we were a little too optimistic — from 2023:

• Virginia High School Admissions Changes That Severely Reduced Asian Student Enrollment Upheld By Appeals Court

The only bright light from this Fourth Circuit U.S. Court of Appeals opinion was the amazingly good dissent from Judge Allison Rushing (see page 48):

The Policy reduced offers of enrollment to Asian students at TJ by 26% while increasing enrollment of every other racial group. This was no accident. The Board intended to alter the racial composition of the school in exactly this way—as demonstrated by a resolution it adopted saying as much, the racial data it requested and considered in the process, the means it selected, and the candor of individual Board members’ internal discussions. In the face of this evidence, the Board does not attempt to justify its Policy under strict scrutiny.

The majority, however, refuses to look past the Policy’s neutral varnish. Because the evidence shows an undisputed racial motivation and an undeniable racial result, I respectfully dissent.

[emphasis added]

So the Asian students parents petitioned the U.S. Supreme Court to take the case, and the Equal Protection Project filed an amicus curiae, or friend-of-the-court, brief urging SCOTUS to review and overturn the Fourth Circuit’s bogus opinion.

Unfortunately, the Supreme Court, for reasons unknown, decided not to review the case:

• SCOTUS Refuses to Take “Race-Neutral” School Discrimination Case – Justices Alito and Thomas Blast Decision

As we mentioned in the title of that post, Justice Samuel Alito, joined by Justice Clarence Thomas, thought the Court should review the case:

What the Fourth Circuit majority held, in essence, is that intentional racial discrimination is constitutional so long as it is not too severe. This reasoning is indefensible, and it cries out for correction…Asian-American students, many of whom are immigrants or the children of immigrants, have often seen admission to TJ as a ticket to the American dream. In this respect, their aspirations mirror those of young people from other immigrant groups. Public magnet schools with competitive admissions based on standardized tests have served as engines of social mobility by providing unique opportunities for minorities and the children of immigrants, and these students’ subsequent careers have in turn richly contributed to our country’s success. For example, one such school in New York City has produced no fewer than nine Nobel laureates…The “central purpose” of the Equal Protection Clause is to prohibit “official conduct discriminating on the basis of race.” [citation omitted]…The Fourth Circuit’s decision…is flagrantly wrong and should not be allowed to stand…The Court’s willingness to swallow the aberrant decision below is hard to understand. We should wipe the decision off the books, and because the Court refuses to do so, I must respectfully dissent.

It should be noted that following adoption of their policy that intentionally discriminated against Asian students, test scores at TJ plummeted, as we reported: Thomas Jefferson High School Drops Out of Top Ten Nationwide After Adopting “Equity” Admissions Policy

So that was that, or so we thought until very recently:

From CNN: DOJ opens civil rights probe into Virginia high school’s admissions policies:

The Justice Department has opened a civil rights investigation into Fairfax County Public Schools in Virginia over the use of race in admissions to its top-ranked Thomas Jefferson High School for Science and Technology.

Last year, the US Supreme Court declined to hear arguments over the same allegations, but this investigation signals that the Trump administration will use the civil rights division to challenge affirmative action policies – a longtime hot-button issue for conservatives who claim that such admissions policies focus more on race than they do academic achievement.

Claim???

More from CNN:

The investigation follows a referral from the state attorney general who announced Wednesday that his office had found reasonable cause to believe the district and the school discriminated against Asian American students on the basis of race.

My office found that FCPS knowingly and deliberately overhauled Thomas Jefferson High School’s merit-based admissions policy to reduce opportunities for Asian American students.

I’ve referred this to @USEdGov and @TheJusticeDept for enforcement under federal civil rights law. pic.twitter.com/QHennu0q8v

— Jason Miyares (@JasonMiyaresVA) May 21, 2025

Still more from CNN:

In a letter Wednesday, DOJ Civil Rights Division Chief, Harmeet Dhillon, confirmed her office will review the matter.

The Civil Rights Division is now investigating Fairfax County Public Schools for anti-Asian discrimination in Thomas Jefferson High School for Science and Technology admissions. @AAGDhillon confirms a Title VI and Equal Protection review is underway.

Read the full letter:… pic.twitter.com/TEHaTLywFp

— DOJ Civil Rights Division (@CivilRights) May 21, 2025

Lastly, from CNN:

Asra Nomani, a former Thomas Jefferson High School parent who has been actively involved in the litigation, told CNN that she is “elated” by news of the investigation. “I have always believed this was not an issue of parental advocacy, but of civil rights…this great day for efforts to win merit in America.”

A great day indeed.

This is the moment we didn’t know we were waiting for! Thank you @HarmeetKDhillon! Please thank your team! The families and children of @coalitionforTJ and our country thank you! https://t.co/u38MPQfsYj

— Asra Nomani (@AsraNomani) May 22, 2025

⚖️ We look forward to working with @TheJusticeDept @AGPamBondi @AAGDhillon @HarmeetKDhillon @CivilRights, @USEDgov Secretary @Linda_McMahon @EDcivilrights and other federal officials. The Coalition for TJ stands ready to cooperate fully with federal authorities. @PacificLegal pic.twitter.com/ETAbtmVEdI

— Coalition for TJ #FightingForMerit (@coalitionforTJ) May 21, 2025

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