The Supreme Court is refusing to revive the case of a Texas student who is claiming race-based bullying.
The case of Brooks Warden, who filed the lawsuit when he was a minor, claimed that he was subjected to a “years-long campaign of bullying and harassment” after he wore a MAGA hat on a field trip. According to the suit, Warden became the target because of his race and political viewpoint. His former school is predominantly Hispanic, making him a racial minority.
“When his teachers and classmates at his predominantly Hispanic school found out that he was not only a white male but also a Trump supporter, it was open season,” reads the filing.
In 2020, he asked the SCOTUS justices to allow his legal action against the Austin Independent School District to move forward. He accused the school of failing to stop the abusive behavior that was being directed at him.
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The question at hand was whether racial harassment lawsuits can be filed even when the “primary impetus” for the harassment was the challenger’s political views.
After a federal judge dismissed the case, a three-judge panel on the U.S. Court of Appeals for the 5th Circuit upheld that decision. However, after the full 5th Circuit court heard Warden’s case, it split 9-9 over whether to revive the lawsuit. As a result, the dismissal was affirmed.
Incensed 5th Circuit Judge James Ho penned a passionate dissent of the ruling, saying that “being white was absolutely one” of the reasons Warden experienced harassment.
“It’s racist to characterize whites as racist. Because it’s racist to attach any negative trait to a group of people based on their race,” he explained.
The school district still maintains its innocence in the matter and “does not condone harassment or bullying of any kind.” However, they also claim that Warden’s case is little more than a political stunt.
“This case has devolved into a publicity stunt fueled by partisan rhetoric and political opportunism,” they wrote, adding that they regret any bullying he may have faced while attending their school.
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Author: Sierra Marlee
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