Supreme Court

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

Maryland parents say admissions rules tied to school poverty levels put Asian-American students at a disadvantage.

Josh Pauzé | 10.20.2026 1:58 PM

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Three years after ending affirmative action in higher education, the Supreme Court will hear another case on race-based admissions, this time in middle schools.

On Monday, the Supreme Court agreed to hear Association for Education Fairness v. Montgomery County Board of Education. The case, which was originally brought forth in 2020 by the Association for Education Fairness (AFEF), a coalition of Montgomery County, Maryland, parents, alleges that Montgomery County's selection process for magnet programs (gifted programs for STEM and humanities studies in middle schools) violates the Constitution's Equal Protection Clause by discriminating against Asian American students. The county insists that the selection process is race-neutral.

Montgomery County changed its selection process in the 2021–22 school year. According to reporting from The New York Times, the county was facing pressure from community groups, including the NAACP and Citizens Assisting and Sheltering the Abused (CASA Inc.), over the........

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