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Equality Under the Law

Connecticut Parents Union v. Wentzell

Race-based quotas in Connecticut schools hurt Black and Hispanic students

Each year, world-class magnet schools in Connecticut deny admission to thousands of deserving children while leaving available seats empty—because of skin color. State law requires magnet schools’ enrollment to be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minorit ...

Christa McAuliffe PTO v. de Blasio

Stopping New York’s attempt to discriminate against Asian-American students

Feeling that New York City’s eight specialized high schools contain too many Asian students, Mayor Bill de Blasio is changing an admissions program to limit the ability of students to get into predominately Asian-American schools. However, his so-called racial balancing effort will squeeze out Asian students—nearly three-quarters of whom co ...

D.M. & Z.G. v. Minnesota State High School League

Discrimination dance: “Girls only” school dance team is unconstitutional

When 16-year-old Dmitri Moua discovered dancing, he found a new way to be a part of a team and build his self-confidence. But when he wanted to join his high school’s competitive dance team, he was denied because he is a boy. Dmitri’s school is in the Minnesota State High School League—whose bylaws declare competitive dance a “g ...

Linden v. South Dakota High School Activities Association

School’s “girls-only” dance team policy is a constitutional hustle

Fifteen-year-old Freddie Linden of North Sioux Falls, South Dakota can now lace up his dancing shoes as part of his school’s competitive dance team. The accomplished dancer already competes nationally on private dance teams, but the South Dakota High School Activities Association (SDHSAA) established competitive dance as a “female-only& ...

Robinson v. Wentzell

Race-based quotas in Connecticut schools are unconstitutional and hurt Black and Hispanic students

Hartford, Connecticut, runs a number of world-class magnet schools. Their success has led to the use of a lottery to decide who can attend. But under a state-mandated racial quota, enrollment must be at least 25 percent white or Asian. This means Black and Hispanic students are turned away if their admission would push minority enrollment above 75 ...

K.J. v. Minnesota State High School League

School athletics can’t turn kids away based on their sex

Kaiden Johnson loves competitive dance, and he is a valued member of the varsity dance team at Superior High School in Superior, Wisconsin. But the team primarily competes against high schools across the river in Duluth, Minnesota—and the Minnesota State High School League has a “girls only” policy for dance teams. … ...

E.L. v. Voluntary Interdistrict Choice Corporation

Racially discriminatory law keeps talented ten-year-old boy from staying in his charter school

As part of a decades-old desegregation lawsuit settlement in St. Louis, Missouri, the Voluntary Inderdistrict Choice Corporation (VICC) enacted a policy for city and county schools that prohibits African-American students who live in the county from transferring into magnet and charter schools within the St. Louis city limits. White students may tr ...

S.S. v. Colorado River Indian Tribes

Federal law deprives American Indian children of the “best interest of the child” standard in custody determinations

Congress enacted the Indian Child Welfare Act (ICWA) to address the problem of unjustified removal of Indian children from their parents by “nontribal public and private agencies” and their placement in “non-Indian foster and adoptive homes and institutions.” That concern is absent in a private action for termination of pare ...

Women’s Surgical Center, LLC v. Reese

Georgia Constitution disallows economic protectionism

Women’s Surgical Center specializes in conducting outpatient procedures for traditionally inpatient surgeries, which benefits patients by providing less expensive and less invasive operations. Women’s Surgical wants to expand its practice, building more operating rooms and contracting with more doctors. However, Georgia’s Certific ...

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