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Politics · October 20, 2026

Supreme Court Takes Up Accusations of Race-Based Middle School Admissions

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The Supreme Court has agreed to hear Association for Education Fairness v. Montgomery County Board of Education, a case involving allegations that a Maryland school district's middle school magnet admissions process discriminates against Asian American students. Originally filed by a parents' coalition, the lawsuit targets a shift from criteria-based admissions to a lottery system for high-achieving students, which incorporates school-level poverty data. While lower courts dismissed the case on the grounds that Asian American students were not shown to be disproportionately harmed as a group, the Supreme Court will address a specific legal question: whether plaintiffs must prove an aggregate disparate impact on a racial group to challenge a facially neutral policy. The case follows the Court's 2023 ruling ending affirmative action in higher education and is expected to be decided by July 2027.

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Reported across the spectrum

  • The Supreme Court agreed to hear Association for Education Fairness v. Montgomery County Board of Education on Monday.
  • The case involves four middle school magnet programs in Montgomery County, Maryland.
  • The lawsuit alleges that the current admissions process discriminates against Asian American students in violation of the 14th Amendment.
  • Montgomery County moved from a selection process based primarily on individual scores to a lottery system for high-performing students.
  • The district court and the 4th U.S. Circuit Court of Appeals previously ruled in favor of the school district.
  • The Supreme Court will determine if a plaintiff must prove an aggregate disparate impact on a racial group to challenge a facially neutral policy.

Reported by only some outlets

  • The new lottery system was implemented during the 2021–22 school year, partly in response to the COVID-19 pandemic.
  • The county hired a consulting firm, Metis, in 2015 to recommend ways to make the system more equitable.
  • The 2nd Circuit Court of Appeals recently ruled in a similar New York City case that harm to an individual was sufficient to move a case forward.
  • Admissions data shows that the share of Asian American applications has fallen since the policy change.
  • The Supreme Court previously ruled against the same school district in a case regarding religious objections to LGBTQ-themed books.

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