Brooks Warden was just a middle schooler in Austin, Texas, when his educational experience took a dark turn. After wearing a Make America Great Again hat on a school field trip, he found himself at the center of relentless harassment—not just from classmates, but from the very adults entrusted to educate and protect him. His teachers and school administrators mocked him, ridiculed him for his race, and dismissed his opinions outright because he was “a white man.” One teacher even called him “Whitey” and sneered at his music preferences as “White Gospel Music.” One teacher explicitly refused to discuss gender issues with him because he was “a white man.”
Instead of stepping in to stop the harassment, the school enabled it to continue unchecked—with faculty essentially encouraging the behavior by engaging in it themselves. With nowhere else to turn, B.W. and his family filed a lawsuit against the Austin Independent School District (AISD), arguing that the school had violated Title VI of the Civil Rights Act by permitting racial harassment in an educational setting. The law is clear: no student should be subjected to racial discrimination at school—whether white, black, or any other race.
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Despite the blatant racial hostility, the lower court dismissed B.W.’s case, claiming his mistreatment was driven more by politics than race. The Fifth Circuit panel initially upheld that ruling, and when the full court reconsidered the case, the judges were deadlocked—leaving the dismissal in place.
Now, B.W. and his family are asking the U.S. Supreme Court to step in and set the record straight.
And Mountain States Legal Foundation (MSLF) is backing that fight. In our amicus brief, we argue that schools cannot let teachers and administrators get away with racial harassment, especially when that harassment is reflective of “DEI” ideology imposed on students. The law guarantees every student an education free from racial hostility—without exception. If the Supreme Court does not overturn the Fifth Circuit’s decision, it will send a dangerous message: that racial harassment is acceptable.
What’s at Stake?
We’re weighing in on this case not just for Brooks, but because the outcome could have sweeping consequences for students across the country. If the Supreme Court doesn’t step in, schools may feel emboldened to push racially divisive ideologies from the top under the banner of DEI training—potentially normalizing discrimination against Caucasian students. That would fly in the face of our nation’s commitment to equal protection and racial neutrality.
A victory for Brooks would reaffirm one of America’s bedrock principles: equality under the law. It would send a clear message that no student—regardless of race or viewpoint—can be singled out for mistreatment. But if the Supreme Court lets this decision stand, it will set a dangerous precedent, giving school authorities a free pass to actively engage in it themselves.
Case Timeline:
- March 17, 2025: MSLF files an amicus brief in support of Brooks Warden in support of Petition for Certiorari.
Supreme Court Update
On June 20, 2025, the Supreme Court of the United States denied the Petition for Writ of Certiorari.
