The U.S. Supreme Court refused Monday to hear a case alleging schools in Boston discriminate against Asian American and White students, reports NBC News.

The lawsuit involving Boston’s elite high schools marks the second time in recent months the conservative Supreme Court declined an opportunity to further restrict programs designed to increase diversity in education.

Justice Samuel Alito joined Clarence Thomas as the only two justices who voted to hear the case.

“We have now twice refused to correct a glaring constitutional error that threatens to perpetuate race-based affirmative action,” Alioto said.

The program had only been in place for one year during the pandemic and is no longer in use. USA Today says it relied on zip code and family income along with grades as factors in admissions.

The justices earlier this year declined to hear a challenge to the admission policy at Thomas Jefferson High School for Science and Technology in Virginia which requires 1.5% of students be admitted from each middle school in the district.

The justices last year ruled that race could not be a factor in admission, but did not rule out the use of socio-economic factors.

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