Massachusetts school desegregation ruling [1st Circuit]
Massachusetts school desegregation ruling [1st Circuit]

Comfort et al. v. Lynn School Committee et al., United States Court of Appeals for the First Circuit, October 20, 2004 [ruling that the school desegregation policy of the town of Lynn, Massachusetts, is unconstitutional because it considers race as a factor in determining whether students can transfer out of their neighborhood school districts]. Read the full text of the opinion here [PDF]. Excerpt:

Although the Lynn Plan is not a pure quota system, it uses race
mechanically both to deprive some individuals of a desired benefit and to grant the same benefit to others. Because the Lynn Plan makes race decisive and forgoes individualized consideration of transfer applications, it cannot be deemed narrowly tailored to the community's compelling interest in obtaining the educational benefits of diversity.

Reported in JURIST's Paper Chase here.