U.S. Supreme Court is seen in Washington, U.S., October 3, 2016. REUTERS/Yuri Gripas TPX IMAGES OF THE DAY

Supreme Court dismisses challenge to an exclusive Virginia high school’s use of race as an admissions criterion.

If three justices had spoken out against the policy, it would have been suspended.

In a decision issued on Monday, the Supreme Court of the United States denied an emergency petition seeking to overturn an admissions policy based on race at a  public high school in Fairfax, Virginia.

The Court noted in an unsigned judgment that “the motion to vacate the stay, which was presented to The Chief Justice and by him referred to the Court, is rejected.” The application would be approved, according to the order, by Clarence Thomas, Samuel Alito, and Neil Gorsuch.

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Thomas Jefferson High School for Science and Technology was named the nation’s top public school by U.S. News & World Report. Admissions procedures for this year’s school year were reworked by Fairfax County School Board members, who decided to do away with an aptitude test and instead distribute the majority of available spaces to children in each of the county’s middle schools, a move they claimed would help increase ethnic diversity among the student body.

In a lawsuit against the school, parents claimed that the new admissions process discriminates against Asian Americans, who made up 70% of the student body at the time of the litigation.