The Center for American Liberty has officially filed its reply brief with the United States Supreme Court in the case of B.W. v. Austin Independent School District—a case that could reshape how courts across America address racial harassment in schools.
At the heart of our brief is a simple but urgent question: Can a school escape accountability for racial harassment simply by claiming the victim’s political beliefs were also a factor?
We say no—and we’re asking the Supreme Court to say the same.
About the Case
B.W., a white student in the Austin Independent School District, was relentlessly bullied, harassed, and ultimately physically assaulted by peers—because of his race. Despite numerous complaints from his parents and overwhelming evidence of race-based targeting, AISD did nothing. Instead of protecting B.W., they ignored the signs, dismissed the allegations, and failed in their duty under federal civil rights law.
Even worse, the Fifth Circuit Court of Appeals affirmed this inaction by inventing a dangerous new legal standard: that unless race is the “primary impetus” of harassment, victims have no legal recourse under Title VI.
What Our Reply Brief Argues
In our reply brief, we lay out in clear, constitutional terms why the “primary impetus” test has no basis in law and should be rejected by the Supreme Court. The brief highlights:
The Fifth Circuit’s standard conflicts with multiple federal appellate decisions applying the but-for causation test to Title VI claims.
AISD’s repeated attempts to downplay race-based harassment are not only factually wrong but legally irrelevant to the constitutional question presented.
If allowed to stand, the lower court’s opinion would normalize discrimination against white students and others who don’t conform to ideological orthodoxy.
Why This Filing Matters
This is not just another procedural step. This reply brief is our formal rebuttal to a school district that failed its student and a legal system that’s in danger of failing us all. With this filing, the Center for American Liberty is sending a clear message: we will not allow race-based discrimination to be justified, excused, or ignored—no matter who the victim is.
We are proud to bring this fight to the highest court in the land and stand with B.W. and his family in their pursuit of justice.