Appellee appears to recognize that controlling precedent foreclosed a finding
NAACPLDF Amicus
of discriminatory intent, but nevertheless invited the district court to misapply the
law in furtherance of its attempt to change the law to prevent schools across the
country from removing known barriers to opportunity and adopting race-neutral,
research-based reforms to promote equality.
Using past results as a baseline is not only improper, it is woefully misleading.
As the district court in Boston Parent correctly noted, when a racial group has been
significantly overrepresented in the prior system, “nearly any changes to the
admissions process will likely result in some reduction, if only from the law of
averages.”