Second Circuit – Equal protection: Christa McAuliffe Intermediate School PTO Inc. v. DeBlasio

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United States Court of Appeals for the Second Circuit

Equal Protection — Discriminatory intent — Disparate impact

Christa McAuliffe Intermediate School PTO Inc. v. DeBlasio

22-2649-cv

Judges Cabranes, Bianco, and Reiss

Background: The plaintiff commenced an action against New York City’s mayor and Department of Education chancellor, alleging that the new admissions policy for the Discovery Program in the Specialized High Schools violated the equal protection clause because the revisions were intended to discriminate against Asian-American applicants by decreasing the percentage of Asian Americans admitted, and negatively impacted Asian-American students. The plaintiffs appeal from the dismissal of their claims on the basis that the plaintiffs failed to demonstrate that the policy changes caused an aggregate disparate impact to Asian-American students.

Ruling: The Second Circuit vacated and remanded. The court held that it is undisputed that economically disadvantaged Asian-American students, who would have been eligible for admission under the prior admission policy, were rendered ineligible for admission under the new policy because the economic need index at their middle school was too high. The exclusion of those Asian-American students from the opportunity to compete for one-fifth of the admission slots would set forth an equal protection claim if the policy changes were motivated by discriminatory intent towards Asian-American students.

Glenn E. Roper, of Pacific Legal Foundation, for the plaintiff-appellant; Philip W. Young, corporation counsel, for the defendants-appellees; Michaele N. Turnage Young, of NAACP Legal Defense and Education Fund, for the intervenors-defendants-appellees.

Oral argument audio