Grace TUTTLE, a minor by Her Next Friend, Steven TUTTLE; Rachel Sechler, a minor by Her Next Friend, Charlotte Sechler, Plaintiffs-Appellees,
v.
ARLINGTON COUNTY SCHOOL BOARD; Mary H. Hynes, individually and in her official capacity as Member, Arlington County School Board; Darlene Mickey, individually and in her capacity as Member, Arlington County School Board; Elizabeth Garvey, individually and in her official capacity as Member, Arlington County School Board; Elaine Furlow, individually and in her official capacity as Member, Arlington County School Board; Frank Wilson, individually and in his capacity as Member, Arlington County School Board; Robert Smith, individually and in his capacity as Superintendent of Schools, Arlington County, Defendants-Appellants, and
Douglas Huff, Movant.
American Association of School Administrators; Council of the Great City Schools; Magnet Schools of America; National School Boards Association; United States of America; National Association For The Advancement of Colored People; The Arlington County Chapter of the National Association for the Advancement of Colored People; The League of United Latin American Citizens, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 27, 1999.
Decided: September 24, 1999.
Corrected opinion filed: November 1, 1999.
Attorney(s) appearing for the Case
ARGUED: Steven John Routh, Hogan & Hartson, L.L.P., Washington, D.C., for Appellants. Linda Frances Thome, United States Department of Justice, Washington, D.C., for Amicus Curiae United States. Philip Andrew Sechler, Williams & Connolly, Washington, D.C., for Appellees. ON BRIEF: Audrey J. Anderson, Hogan & Hartson, L.L.P., Washington, D.C.; Carol W. McCoskrie, Assistant County Attorney, Arlington County Attorney's Office, Arlington, Virginia, for Appellants. Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, United States Department of Justice, Washington, D.C., for Amicus Curiae United States. Bethany E. Matz, Williams & Connolly, Washington, D.C.; Steven M. Levine, Law Office of Steven M. Levine, Washington, D.C., for Appellees. Naomi E. Gittins, Staff Attorney, Julie Underwood, NSBA General, National School Boards Association, Alexandria, Virginia; American Association of School Administrators, Arlington, Virginia; of the Great City Schools, Washington, D.C.; Magnet Schools of America, The Woodlands, Texas, for Amici Curiae Association of School Administrators, et al. Barbara R. Arnwine, Thomas J. Henderson, Robin A. Lenhardt, Lawyers' Committee for Civil Rights Under Law, Washington, D.C.; Jeh C. Johnson, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, for Amici Curiae NAACP, et al.
Before ERVIN, LUTTIG, and KING, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
OPINION
PER CURIAM:1
The question before this Court is whether an oversubscribed public school may use a weighted lottery in admissions to promote racial and ethnic diversity in its student body. The current appeal is the latest chapter in the history of this Court's involvement in the Arlington County, Virginia public school system.
Our earlier involvement concerned the desegregation of the Arlington County school system...
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