Appeals court revives suit over Philadelphia’s ZIP code-based school admissions

A federal appeals court ruled Tuesday that Philadelphia’s magnet school admissions process could be seen as “blatantly unconstitutional,” reviving a legal challenge that threatens the district’s approach to elite school enrollment.

Catch up: The U.S. Court of Appeals for the Third Circuit overturned a dismissal and remanded the case. At issue is Philadelphia’s 2021 overhaul, which replaced principals’ selection authority with a lottery favoring designated ZIP codes. Parents Sherice Sargent, Fallon Girini and Michele Sheridan, whose children are Black, white and biracial, sued in 2022 after their children could not secure spots at preferred schools while ZIP code students gained guaranteed acceptance. In its ruling, the appellate panel found district leaders’ remarks “could support a finding that the Policy was intended to alter (and did alter) the racial makeup of the schools,” Judge Thomas Michael Hardiman wrote.

What this means: The ruling presents a complicated moment for Asian American families. The court acknowledged harm, describing admissions as “zero-sum” where the policy disadvantaged Asian and white students. The acknowledgment matters because, as we have previously reported, data from universities like Johns Hopkins and Harvard shows Asian first-years surged from 26% to 45% and 30% to 41%, respectively, between 2023-2025, suggesting ZIP code policies may restrict enrollment.

However, the latest decision raises concerns. Philadelphia follows a familiar playbook in which conservative groups recruit Asian families as plaintiffs to dismantle diversity protections broadly. Critics warn this weaponizes one minority against others, leaving Asian Americans positioned as antagonistic to Black and Latino communities; a perception at odds with data showing that about three in four Asian Americans support affirmative action.

Beyond the suit: The case is part of a conservative campaign targeting diversity in school admissions. The Third Circuit ruled the district court should have applied strict scrutiny, a demanding test treating race-related actions as presumptively unconstitutional, making it harder for policies to survive. Federal law has prohibited direct racial preferences for two decades, yet courts have permitted indirect approaches using geography or income. The Supreme Court has not reviewed such strategies, but parallel challenges in Boston, New York, Virginia and UCLA’s medical school signal pressure.

The case returns to district court, though Philadelphia’s current enrollment system stays in place for now.