United States Ninth Circuit

School district's use of racial "tiebreaker" in determining which students will be admitted to oversubscribed high schools, though it may promote racial diversity, violated Washington state law as constituting preferential treatment of some students over others based on race.

Appellate Information

• Argued 06/21/2005
• Decided 04/16/2002
• Published 04/16/2002

Judges

• Before:  SCHROEDER, Chief Judge, PREGERSON, KOZINSKI, KLEINFELD, HAWKINS, W. FLETCHER, FISHER, TALLMAN, RAWLINSON, CALLAHAN and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Harry J.F. Korrell (argued) and Daniel B. Ritter, Davis Wright Tremaine LLP, Seattle, WA, for the plaintiff-counter-defendant/appellant., Michael Madden (argued) and Carol Sue Janes, Bennett Bigelow & Leedom, P.S., Seattle, WA, and Mark S. Green, Office of the General Counsel, Seattle School District No. 1, Seattle, WA, for the defendants-counter-claimants/appellees., Sharon L. Browne, Pacific Legal Foundation, Sacramento, CA, and Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for the amici curiae Pacific Legal Foundation, American Civil Rights Institute, American Civil Rights Union and Center for Equal Opportunity in support of plaintiff-counter-defendant/appellant., Paul J. Lawrence, Preston Gates & Ellis LLP, Seattle, WA, for the amicus curiae American Civil Liberties Union in support of defendants-counter-claimants/appellees.