Comfort v. Lynn School Committee
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
We are called upon today to revisit a case that we thought had gone to its eternal rest. The tale follows.
Nearly six years ago the district court entered judgment for the defendants in a civil action seeking to strike down, on constitutional grounds, a school transfer/student assignment policy (the Policy) that explicitly considers race as a determining factor in student placement. Comfort v. Lynn Sch. Comm. (Comfort I), 283 F.Supp.2d 328, 386-87 (D.Mass.2003). This court, sitting en banc, upheld that judgment (and, thus, upheld the Policy) by a one-vote margin. Comfort…
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